MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Welfare
By: Senator(s) Hill
AN ACT TO CREATE SECTION 75-29-903, MISSISSIPPI CODE OF 1972, TO REQUIRE THE EXPLICIT DISCLOSURE OF CERTAIN INGREDIENTS ON THE FOOD LABELS OF FOOD PRODUCTS SOLD IN MISSISSIPPI; TO PROVIDE A COMPREHENSIVE LIST OF INGREDIENTS THAT MUST BE DISCLOSED IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION; TO REQUIRE THAT MANUFACTURERS INCLUDE A QR CODE THAT LEADS CONSUMERS TO A WEB PAGE THAT THE MANUFACTURER CONTROLS; TO REQUIRE THAT THE WEBSITE PROVIDES ADDITIONAL INFORMATION ABOUT THE DISCLOSED INGREDIENTS; TO PROVIDE WHEN PROVISIONS OF THIS SECTION DO AND DO NOT APPLY TO MANUFACTURERS; TO PROVIDE PENALTIES FOR MANUFACTURERS FOUND IN NONCOMPLIANCE WITH THE LABELING REQUIREMENTS OF THIS SECTION; TO CREATE SECTION 75-29-905, MISSISSIPPI CODE OF 1972, TO REQUIRE RETAIL FOOD SERVICE ESTABLISHMENTS TO DISCLOSE THE PRESENCE OF SEED OILS IN FOOD COOKED AND PREPARED FOR HUMAN CONSUMPTION; TO PROVIDE PENALTIES FOR RETAIL FOOD SERVICE ESTABLISHMENTS FOUND TO BE IN NONCOMPLIANCE WITH THE SEED OIL DISCLOSURE REQUIREMENTS ESTABLISHED BY THIS SECTION; TO CREATE SECTION 37-11-7.1, MISSISSIPPI CODE OF 1972, TO BAN THE INCLUSION OF CERTAIN PROHIBITED INGREDIENTS IN BREAKFAST, LUNCH AND AFTERSCHOOL CARE MEALS SERVED TO STUDENTS AT PUBLIC AND NONPUBLIC SCHOOLS THAT RECEIVE STATE FUNDING; TO PROVIDE EXEMPTIONS TO THE PROHIBITED INGREDIENTS REQUIREMENTS SET FORTH BY THIS SECTION; TO ENCOURAGE SCHOOL GOVERNING AUTHORITIES TO PURCHASE LOCALLY PRODUCED FOODS FOR STUDENT CONSUMPTION WHENEVER POSSIBLE; TO CREATE SECTION 73-25-41, MISSISSIPPI CODE OF 1972, TO REQUIRE THE RESPECTIVE STATE BOARDS OF MEDICAL LICENSURE TO REQUIRE NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS AND PHYSICIANS PRACTICING CERTAIN FIELDS OF MEDICINE TO ATTEND CONTINUED EDUCATION COURSES CONCERNING NUTRITION AND METABOLIC HEALTH; TO PROVIDE THAT THE RESPECTIVE BOARDS SHALL DETERMINE THE CONTENT OF THE CONTINUED EDUCATION COURSE REQUIRED BY THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 75-29-903, Mississippi Code of 1972:
75-29-903. (1) Food containing artificial colors, additives or banned chemicals must clearly disclose the presence of said ingredient(s) on the food label. Any food product offered for sale in this state shall be labeled by the manufacturer in accordance with the provisions of this section. If the product contains any ingredient identified in this subsection, the ingredient(s) must be clearly disclosed on the food product label. These ingredients shall include:
(a) Acesulfame potassium;
(b) Acetylated esters of mono- and diglycerides (acetic acid ester);
(c) Anisole;
(d) Aspartame;
(e) Azodicarbonamide (ADA);
(f) Butylated hydroxyanisole (BHA);
(g) Butylated hydroxytoluene (BHT);
(h) Bleached flour;
(i) Blue dye 1 (CAS 3844-45-9);
(j) Blue dye 2 (CAS 860-22-0);
(k) Bromated flour;
(l) Calcium bromate;
(m) Canthaxanthin;
(n) Certified food colors by the United States Food and Drug Administration;
(o) Citrus red dye 2 (CAS 6358-53-8);
(p) Diacetyl;
(q) Dimethylamylamine (DMAA);
(r) Dioctyl sodium sulfosuccinate (DSS);
(s) Green dye 3 (CAS 2353-45-9);
(t) Interesterified palm oil;
(u) Interesterified soybean oil;
(v) Lactylated fatty acid esters of glycerol and propylene glycol;
(w) Lye;
(x) Morpholine;
(y) Olestra;
(z) Partially hydrogenated oil (PHO);
(aa) Potassium aluminum sulfate;
(bb) Potassium bromate;
(cc) Potassium iodate;
(dd) Propylene oxide;
(ee) Propylparaben;
(ff) Red dye 3 (CAS 16423-68-0);
(gg) Red dye 4 (CAS 4548-53-2)
(hh) Red dye 40 (CAS 25956-17-6);
(ii) Sodium aluminum sulfate;
(jj) Sodium lauryl sulfate;
(kk) Sodium stearyl fumarate;
(ll) Stearyl tartrate;
(mm) Sucralose;
(nn) Synthetic trans fatty acid;
(oo) Thiodipropionic acid;
(pp) Toluene;
(qq) Yellow dye 5 (CAS 1934-21-0); and
(rr) Yellow dye 6 (CAS 2783-94-0).
(2) The food product label must include a quick response code (QR code) with a statement adjacent to the code that informs the consumer that additional ingredient information can be accessed by scanning the code. The QR code shall link to a web page that is under the control of the manufacturer.
(3) The web page shall contain the following disclaimer in a prominent location:
"NOTICE: This product contains [insert ingredient here]. For more information about this ingredient, including FDA approvals, click HERE."
The disclaimer shall link to the United States Food and Drug
Administration's web page regarding food chemical safety.
(4) The provisions of this section shall only apply to food or beverages intended for human consumption.
(5) The provisions of this section shall not apply to any of the following:
(a) A drug or dietary supplement regulated by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., 21 CFR 3.2(e), or the Dietary Supplement Health and Education Act;
(b) An alcoholic beverage as defined in R.S. 26:2 and 241;
(c) Food prepared and labeled in a retail food establishment; or
(d) Medical food as defined in 21 U.S.C. 360ee (b)(3).
(6) If a product is sold at retail as a multiunit package, the provisions of this section shall only apply to the outer container.
(7) Any violation of this section shall be a violation of the state food labeling requirements. Any food product manufacturer that violates this section or the rules adopted thereunder, after notice and a hearing, shall be subject to civil penalties. The State Health Officer shall impose these penalties on a graduated scale in accordance with the following schedule for all violations within a twenty-four-month period:
(a) For a first offense, a written warning;
(b) For a second offense, a fine of One Hundred Dollars ($100.00);
(c) For a third offense, a fine of Two Hundred Fifty Dollars ($250.00);
(d) For a fourth offense, a fine of Five Hundred Dollars ($500.00); and
(e) For a fifth and any subsequent offense, a fine of One Thousand Dollars ($1,000.00).
(8) Any food product manufacturer that unknowingly violates this section due to a good faith reliance upon the establishment's supplier's attestation of the covered commodities do not possess any of the ingredients identified in subsection (2) of this section shall be held harmless against penalties for a violation of this section.
SECTION 2. The following shall be codified as Section 75-29-905, Mississippi Code of 1972:
75-29-905. (1) Any retail food service establishment, as defined in Section 69-1-18, that cooks or prepares food using seed oil shall display a disclaimer on the menu or other clearly visible location that informs customers of the potential presence of seed oil in food served at the establishment. The disclaimer shall state: "Some menu items may contain or be prepared using seed oils."
(2) For purposes of this section, "seed oil" shall include any of the following:
(a) Canola or rapeseed oil;
(b) Corn oil;
(c) Cottonseed oil;
(d) Grapeseed oil;
(e) Rice bran oil;
(f) Safflower oil;
(g) Soybean oil; and
(h) Sunflower oil.
(3) Any violation of this section shall be a violation of the state ingredient disclosure requirements. Any retail food service establishment that violates this section or the rules adopted thereunder, after notice and a hearing, shall be subject to civil penalties. The State Health Officer shall impose these penalties on a graduated scale in accordance with the following schedule for all violations within a twenty-four-month period:
(a) For a first offense, a written warning;
(b) For a second offense, a fine of One Hundred Dollars ($100.00);
(c) For a third offense, a fine of Two Hundred Fifty Dollars ($250.00);
(d) For a fourth offense, a fine of Five Hundred Dollars ($500.00); and
(e) For a fifth and any subsequent offense, a fine of One Thousand Dollars ($1,000.00).
(8) Any retail food service establishment that unknowingly violates this act due to a good faith reliance upon the establishment's supplier's attestation of the covered commodity's do not possess any of the ingredients identified in subsection (2) of this section shall be held harmless against penalties for a violation of this act.
SECTION 3. The following shall be codified as Section 37-11-7.1, Mississippi Code of 1972:
37-11-7.1. (1) For the purpose of this section, "prohibited ingredients" means any of the following:
(a) Blue dye 1 (CAS 3844-45-9);
(b) Blue dye 2 (CAS 860-22-0);
(c) Green dye 3 (CAS 2353-45-9);
(d) Red dye 3 (CAS 16423-68-0);
(e) Red dye 40 (CAS 25956-17-6);
(f) Yellow dye 5 (CAS 1934-21-0);
(g) Yellow dye 6 (CAS 2783-94-0);
(h) Azodicarbonamide;
(i) Butylated hydroxyanisole (BHA);
(j) Butylated hydroxytoluene (BHT);
(k) Potassium bromate;
(l) Propylparaben;
(m) Acesulfame potassium;
(n) Aspartame; and
(o) Sucralose.
(2) No public school governing authority shall serve any food or beverage containing a prohibited ingredient to students under its jurisdiction.
(3) No nonpublic school that receives state funds shall serve any food or beverage containing a prohibited ingredient to students.
(4) The provisions of this section shall apply to breakfasts and lunches served to students on school campuses during regular school hours and any food or beverages served by the school to a student during aftercare.
(5) The provisions of this section shall not apply to any food or beverage sold in concession stands or vending machines.
(6) Each public school and any nonpublic school that receives state funds shall purchase food products produced in this state, to the extent practicable and possible.
SECTION 4. The following shall be codified as Section 73-25-41, Mississippi Code of 1972:
73-25-41. (1) The respective State Boards of Medical Licensure shall require advanced practice registered nurses practicing family medicine, internal medicine, pediatrics, obstetrics and gynecology to complete a minimum of one (1) hour of continuing education on nutrition and metabolic health every four (4) years. The boards shall adopt rules to determine the content of the continuing education provided for in this subsection.
(2) The respective State Boards of Medical Licensure shall require physicians and physician assistants practicing family medicine, internal medicine, pediatrics, psychiatry, endocrinology, gastroenterology, cardiology, oncology, rheumatology, neurology, nephrology, dermatology, pulmonology, surgery, immunology, hematology, obstetrics and gynecology to complete a minimum of one (1) hour of continuing education on nutrition and metabolic health every four (4) years. The boards shall adopt rules to determine the content of the continuing education provided for in this subsection.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.