MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Public Health and Welfare
By: Senator(s) Huggins
AN ACT TO AMEND SECTIONS 41-3-18 AND 41-67-12, MISSISSIPPI CODE OF 1972, TO REVISE THE SCHEDULE OF FEES CHARGED BY THE STATE DEPARTMENT OF HEALTH FOR FOOD SERVICE ESTABLISHMENT PERMITS AND FOR WASTEWATER DISPOSAL SYSTEM EVALUATION, CERTIFICATION AND MANUFACTURER REGISTRATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-3-18, Mississippi Code of 1972, is amended as follows:
41-3-18. The board shall assess fees in the following amounts and for the following purposes:
(a) Food service establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1......................... $ 15.00
Assessment Category 2........................... 30.00
Assessment Category 3........................... 70.00
Assessment Category 4 ......................... 100.00
Assessment Category 5 ......................... 150.00
(b) Food processing establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Categories 1 and 2 ................ $ 50.00
Assessment Category 3......................... 150.00
Assessment Categories 4 and 5................. 250.00
(c) Plan Review fees for food establishments, based on the assessment factors of the establishment as follows:
Assessment Categories 1 and 2................ $100.00
Assessment Category 3......................... 200.00
Assessment Categories 4 and 5................. 300.00
(d) Private water supply approval fee ....... $ 10.00 The board may develop such reasonable standards, rules and regulations to clearly define each assessment category. Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.
The fee authorized under paragraph (a) of this section shall not be assessed for food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including without limitation, the state institutions of higher learning and the State Penitentiary.
The fee authorized under paragraph (d) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.
SECTION 2. Section 41-67-12, Mississippi Code of 1972, is amended as follows:
41-67-12. (1) The department shall assess fees in the following amounts for the following purposes:
(a) A fee of Seventy-five Dollars ($75.00) shall be levied for soil and site evaluation and recommendation of individual on-site wastewater disposal systems.
(b) A fee of One Hundred Dollars ($100.00) shall be levied annually for the certification of installers and persons engaging in the removal and disposal of the sludge and liquid wastes from individual on-site wastewater disposal systems.
(c) A fee of Two Hundred Dollars ($200.00) for each product registered shall be levied annually for the registration of manufacturers.
(2) In the discretion of the board, a person shall be liable for a penalty equal to one and one-half (1-1/2) times the amount of the fee due and payable for failure to pay the fee on or before the date due, plus any amount necessary to reimburse the cost of collection.
(3) The fee authorized under this section shall not be assessed for any system operated by state agencies or institutions, including without limitation, foster homes licensed by the State Department of Human Services. The fee authorized under this section shall not be charged again after payment of the initial fee for any system that has been installed in accordance with this chapter, within a period of twenty-four (24) months following the date that the system was originally installed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.