MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representatives Broomfield, Blackmon, Coleman (29th), Ellis, Young

AN ACT TO REQUIRE PERSONS IN FOOD SERVICE OCCUPATIONS WHO PREPARE, HANDLE, OR TOUCH FOOD DIRECTLY WITH THEIR HANDS TO WEAR GLOVES; TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any person engaged in a food service occupation who prepares, handles, or serves food and, in carrying out those duties, must touch food directly with his or her hands shall wear protective gloves for the purpose of preventing the possible transfer of human communicable diseases. This requirement shall not apply to those persons in food service occupations who prepare, handle, or serve food with spoons, ladles, or other food service utensils and do not touch food directly with their hands.

(2) It shall be unlawful for any person engaged in a food service occupation who prepares, handles, or serves food to touch food directly with his or her hands without wearing protective gloves. It shall be unlawful for an employer to allow any person engaged in a food service occupation who prepares, handles or serves food to touch food directly with his or her hands without wearing protective gloves. A violation of this section is a misdemeanor punishable by confinement in the county jail for not more than thirty (30) days or by a fine of not more than One Hundred Dollars ($100.00), or both.

(3) A corporate entity that is found to be in violation of the provisions of subsection (2) of this section shall be liable for a civil penalty of not more than One Thousand Dollars ($1,000.00) and all costs incurred in the investigation and prosecution of charges brought under this section.

(4) The imposition of a civil penalty under subsection (3) of this section shall not be construed to bar prosecution of a person under subsection (2) of this section regardless of whether the person is an officer, agent, or employee of the corporate entity.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.