MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Agriculture
By: Senator(s) Hill, Burton, Doty, Fillingane, Gandy, Hopson, Jackson (11th), Jolly, Massey, McDaniel, Montgomery, Parker, Sojourner, Watson
AN ACT TO EXEMPT COTTAGE FOOD PRODUCTION OPERATIONS; TO ENSURE THE FREEDOM TO SELL HOMEMADE FOODS; TO GUARANTEE THE ACCESSIBILITY TO FARMERS' MARKETS, ROADSIDE STANDS, FARM BASED SALES AND PRODUCE TO END CONSUMER AGRICULTURAL SALES; TO PROHIBIT THE LICENSING OF SUCH ACTIVITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act is known and may be cited as the "Mississippi Cottage Food Production."
SECTION 2. As used in this act:
(a) "Agent" means a person who conducts commerce on behalf of a producer or a processor.
(b) "Agritourism" means a style of vacation that normally takes place on a farm or ranch and includes any farm or ranch that is open to the public at least part of the year. Agritourism may include the opportunity to participate in agricultural tasks, including harvesting fruits and vegetables, riding horses, tasting honey, corn mazes, and shopping in farm or ranch gift shops and farm stands for local and regional agricultural produce or hand-crafted gifts.
(c) "Department" means the State Department of Public Health.
(d) "End-consumer" means a person who is the
last person to purchase any product or preparation and who
does not resell the product or preparation.
(e) "Home consumption" means consumed within a
private home.
(f) "Processor" means any person who processes
or prepares products of the soil or animals for food or
drink.
(g) "Producer" means any person who harvests
any product of the soil or animals for food or drink.
(h) "Traditional community social event" means
an event where people gather as part of a community for the
benefit of those gathering or for the community, including,
but not limited to a:
(i) Wedding;
(ii) Funeral;
(iii) Church or religious social;
(iv) School event;
(v) Potluck or progressive suppers;
(vi) Neighborhood gathering or block party;
(vii) Civic or youth club meetings or socials;
(i) "Transaction" means the exchange of buying and selling.
SECTION 3. (1) The purpose of this act is to allow for traditional community social events involving the sale and consumption of homemade foods and to encourage the expansion and accessibility of farmers' markets, roadside stands, ranch, farm and home-based sales and producer to end consumer agricultural sales by:
(a) Promoting the purchase and consumption of fresh and local agricultural products;
(b) Enhancing the agricultural economy;
(c) Encouraging agritourism opportunities in
Mississippi;
(d) Providing Mississippi citizens with unimpeded access to healthy food from known sources; and
(e) Encouraging the expansion and accessibility
of farmers' markets, roadside stands, ranch and farm-based sales and direct producer to end-consumer agricultural sales.
(2) Any producer or processor who is selling his
product only at farmers' markets, roadside stands or by ranch, farm and home-based sales directly to the end-consumer is exempt from licensing.
(3) Notwithstanding any other provision of law, there
shall be no licensure, certification or inspection by any state governmental agency or any agency of any political subdivision of the state provided there is only one (1) transaction between the producer, the processor, the producer's agent or the processor's agent and the end-consumer when the food is for home consumption or the food is prepared for a traditional community social event.
SECTION 4. (1) A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18 if the cottage food operation complies with the section and has annual gross sales of cottage food products that do not exceed Fifty Thousand Dollars ($50,000.00).
(2) For purposes of this subsection, cottage food operations annual gross sales include all sales of food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales.
(3) A cottage food operation may not sell or offer for sale cottage food products over the Internet, by mail order, or to a wholesale or retail establishment. Cottage food products are nonpotentially hazardous food products processed in a home kitchen and sold directly to the consumer, this includes, but is not limited to, home-canned foods with a pH level of 4.6 or below when measured at 24ºC (75ºF) or a water activity level of 0.85 or less.
(4) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:
(a) The name and address of the cottage food operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food products, in descending order of predominance by weight.
(d) Allergen information as specified by federal labeling requirements.
(e) "Made in a cottage food operation that is not subject to Mississippi's food safety regulations."
(5) This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations.
SECTION 5. (1) The department shall keep a register of complaints filed against a producer, processor or cottage food operation. After receiving complaints from at least three (3) different sources, the department may, if there is reasonable cause to believe that violations of this act have occurred, investigate and inspect the premises to determine if the producer, processor or cottage food operation is in compliance with this act and applicable department regulations.
(2) This section does not apply to a person operating under a food permit issued pursuant to Section 41-3-18.
SECTION 6. This act shall take effect and be in force from and after July 1, 2013.