MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representative Holland (By Request)

AN ACT TO AMEND SECTION 69-7-607, MISSISSIPPI CODE OF 1972, TO REVISE LABELING REQUIREMENTS FOR CATFISH; TO AMEND SECTION 69-7-611, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO PUBLISH THE NAMES AND ADDRESSES OF VIOLATORS OF THE CATFISH LAWS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-7-607, Mississippi Code of 1972, is amended as follows:

69-7-607. (1) No catfish product shall be offered for direct retail sale for human consumption by a processor, distributor or retailer unless the catfish product name is specifically labeled in the following manner:

(a) "FARM-RAISED CATFISH, * * *" if the product has been specifically produced in freshwater in the United States of America according to the usual and customary techniques of commercial aquaculture * * *.

(b) "RIVER OR LAKE CATFISH, * * *" if the product has been produced in any freshwater lake, river or stream in the United States of America, but has not been produced according to the usual and customary techniques of commercial aquaculture * * *.

(c) "IMPORTED CATFISH," provided the catfish is produced from freshwater, either according to the usual and customary techniques of, aquaculture, or from freshwater lakes, rivers or streams of a country other than the United States of America.

(d) "OCEAN CATFISH," provided the catfish product is produced from marine or estuarine waters.

(2) Any person selling river or lake catfish exclusively and directly to the consumer may have on his premises a sign reasonably visible to the consumer identifying such product as river or lake catfish, rather than labeling each individual container or package of catfish product, as provided in subsection (1).

(3) Any retailer selling catfish products not wrapped or in a container may comply with this article by placing a sign on the display case or refrigeration unit reasonably visible to the consumer, giving notice that such catfish is either "Farm Raised Catfish," "River or Lake Catfish," "Imported Catfish," or "Ocean Catfish," as such products are defined in subsection (1) above.

(4) Any advertising as to any catfish product shall state whether such catfish product is "Farm Raised Catfish," "River or Lake Catfish," "Imported Catfish," or "Ocean Catfish," as defined in subsection (1) above.

(5) This section shall not apply to catfish products exported out of the United States.

SECTION 2. Section 69-7-611, Mississippi Code of 1972, is amended as follows:

69-7-611. (1) The commissioner is authorized to promulgate such rules and regulations such as may be necessary for the efficient enforcement of this article.

(2) Before the issuance, amendment, or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment, or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.

(3) The commissioner may publish the names and addresses of violators and such information pertaining to violations of this chapter as he deems appropriate.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.