House Bill 1182

(As Passed the House)

AN ACT TO RESERVE TO THE LEGISLATURE ANY REGULATION OF CONSUMER INCENTIVE ITEMS AND NUTRITION LABELING OF FOOD AND NONALCOHOLIC BEVERAGES THAT ARE MENU ITEMS IN RESTAURANTS, FOOD ESTABLISHMENTS, AND VENDING MACHINES; TO PROHIBIT POLITICAL SUBDIVISIONS FROM TAKING CERTAIN ACTIONS RELATING TO PROVIDING FOOD NUTRITION INFORMATION AT FOOD SERVICE OPERATIONS; TO SPECIFY THAT THIS ACT WILL NOT AFFECT THE FEDERAL REGULATION OF NUTRITION LABELING OF FOOD UNDER EXISTING FEDERAL LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following terms shall be defined as provided in this section:

(a) "Food nutrition information" includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, sodium, and allergen content of food. This term also includes the designation of food as healthy or unhealthy.

(b) "Political subdivision" means any county, municipality, district, instrumentality of the state, public corporation, body corporate, commission, board, agency, authority, public body, politic or other public entity responsible for governmental activities in geographic areas smaller than that of the state.

(c) "Consumer incentive item" means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats, or other premium, prize, or consumer product that is associated with a meal served by or acquired from a food service operation.

(2) The regulation of consumer incentive items and nutrition labeling of food and nonalcoholic beverages that are menu items in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by legislation of statewide application enacted after July 1, 2013.

The regulation of the provision of food nutrition information and consumer incentive items at food service operations and how food service operations are characterized are matters of general statewide interest that require statewide regulation.

(3) No political subdivision shall do any of the following:

(a) Enact, adopt, or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

(b) Condition any license, permit, or regulatory approval upon the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

(c) Ban, prohibit, or otherwise restrict food at food service operations based upon the food's nutrition information or upon the provision or nonprovision of consumer incentive items;

(d) Condition any license, permit, or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities;

(e) Where food service operations are permitted to operate, ban, prohibit, or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the Department of Health, the Institute of Health or the Centers for Disease Control; or

(f) Restrict the sale, distribution, growing, or serving of foods and nonalcoholic beverages that are approved for sale by the United States Department of Agriculture or other federal or state government agencies.

(4) This section shall not be interpreted as affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the Federal Food, Drug, and Cosmetic Act, 21 USCS Section 343(q)(5)(H).

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.