MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Agriculture
By: Representative Eubanks
AN ACT TO REQUIRE CELL-CULTURED MEAT OR LAB-GROWN MEAT TO BE LABELED AS SUCH AT THE POINT OF FINAL PURCHASE; TO PROHIBIT THE FALSE ADVERTISEMENT FOR THE SALE, SOLICITATION, OFFER TO SELL OR SELLING OF MEAT, MEAT PRODUCTS OR CELL-CULTURED MEAT OR LAB-GROWN MEAT; TO PROHIBIT PERSON MAKING THE ADVERTISEMENT FROM ENGAGING IN ANY MISLEADING OR DECEPTIVE PRACTICES; TO DEFINE CERTAIN TERMS; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THE REQUIREMENT TO LABEL MEAT OR MEAT PRODUCTS AS AUTHENTICALLY NATURAL MEAT OR CELL-CULTURED MEAT OR LAB-GROWN MEAT; TO EXEMPT LICENSED RETAIL ESTABLISHMENTS WITH A PERMANENT PLACE OF BUSINESS WHICH HAVE AN INVENTORY OF GROCERY PRODUCTS OTHER THAN MEAT, MEAT PRODUCTS OR CELL-CULTURED MEAT OR LAB-GROWN MEAT WITH A WHOLESALE VALUE IN EXCESS OF $15,000.00 FROM THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 69-1-303, 69-1-305, 69-1-307, 69-1-315 AND 69-1-317, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 69-1-301, 69-1-309, 69-1-311, 69-1-313 AND 69-1-319, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following terms shall have the meaning ascribed in this section, unless the context of use clearly indicates otherwise:
(a) "Bulk meat" means beef sold by hanging weight, consisting of whole carcasses and the following primal cuts:
(i) "Side of beef," one-half (1/2) of a split beef, comprising the frontquarter and hindquarter;
(ii) "Frontquarter of beef," the foreward portion of a side, back to and including the twelfth rib;
(iii) "Back of beef," chuck and rib with plate and brisket removed;
(iv) "Arm chuck of beef," arm chuck with brisket removed, back to and including the fifth rib;
(v) "Rib of beef," from the sixth to the twelfth rib, inclusive, not to exceed ten (10) inches from tip of chine bone to top of rib without plate;
(vi) "Hindquarter of beef," the rear section of a side from and including the thirteenth rib, consisting of round, loin and flank;
(vii) "Trimmed loin of beef," short loin and hip (sirloin), and that section of hindquarter including thirteenth rib and separated one (1) inch to two (2) inches below aitchbone, without flank or kidney;
(viii) "Full loin of beef," loin of beef, including flank and kidney; or
(ix) "Round of beef," that portion of hindquarter separated from loin one (1) inch to two (2) inches below aitchbone back to the shin bone.
(b) "Buyer" means both actual and prospective purchasers but does not include persons purchasing for resale.
(c) "Cell-cultured meat" or "lab-grown meat" means meat produced by in vitro cultivation of animal cells, instead of from slaughtered animals, using many of the same tissue engineering techniques traditionally used in regenerative medicine.
(d) "Food plan" means any plan offering meat for sale or the offering of such product in combination with each other or with any other food or nonfood product or service for a single price.
(e) "Livestock" means cattle, calves, sheep, swine, ratite birds, including, but not limited to, ostrich and emu, llamas, alpaca, bison, buffalo and elk, documented as obtained from a legal source and not from the wild, goats, horses, other equines or rabbits raised in confinement for human consumption.
(f) "Meat" means any edible portion of livestock, poultry or captive cervid carcass or part thereof. The term does not mean any product that is not derived from the harvested production of livestock, poultry or captive cervid.
(g) "Meat product" means anything containing meat intended for or capable of human consumption, which is derived in whole or in part, from livestock, poultry or captive cervids.
(h) "Misbranded" means any meat or meat product under one or more of the following circumstances:
(i) If its labeling is false or misleading in any particular;
(ii) If it is offered for sale under the name of another food;
(iii) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;
(iv) If its container is so made, formed or filled as to be misleading;
(v) If in a package or other container unless it bears a label showing:
1. The name and place of business of the manufacturer, packer or distributor; and
2. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided that reasonable variations may be permitted, and exemptions as to small packages may be established by regulations prescribed by the Commissioner of Agriculture and Commerce in compliance with the authority delegated by the Secretary of Agriculture of the United States;
(vi) If any word, statement or other information required to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(vii) If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the commissioner, unless:
1. It conforms to such definition and standard; and
2. Its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food;
(viii) If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the commissioner, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
(ix) If it is not subject to the provisions of subparagraph (vii), unless its label bears:
1. The common or usual name of the food, if any there be; and
2. In case it is fabricated from two (2) or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the commissioner, be designated as spices, flavorings and colorings without naming each, provided that, to the extent that compliance with the requirements of this item is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner;
(x) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as determined to be, and by regulations prescribed as, necessary in order to fully inform purchasers as to its value for such uses;
(xi) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact, provided that, to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the secretary; or
(xii) If it fails to bear, directly thereon or on its container, as the secretary may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the commissioner may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
(i) "Misrepresent" means the use of any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.
(j) "Person" means individual, partnership, firm, corporation, association, or other entity.
(k) "Poultry" means any domesticated bird intended for human consumption.
(l) "Represent" means the use of any form of oral or written statement, advertisement, label, display, picture, illustration or sample.
(m) "Seller" means any person, individual or business entity, corporation, league, franchise, franchisee, franchisor or any authorized representative or agent thereof who offers meat, meat products or cell-cultured meat, or combinations of such items, for retail purchase to the public for preparation and consumption off the premises where sold or for direct purchase by an individual at his residence.
SECTION 2. (1) No person shall advertise for sale, solicit, offer to sell or sell meat, meat products or cell-cultured meat or lab-grown meat by newspapers, handbills, placards, radio, television or other media unless the advertising is truthful and accurate. Such advertising shall not be misleading or deceiving in respect to grade, quality, quantity or price per pound or piece or in any other manner.
(2) No person advertising a sale, offering for sell or selling all or part of a carcass or food plan shall engage in any misleading or deceptive practices, including, but not limited to, any one or more of the following:
(a) Disparaging or degrading any product advertised or offered for sale by the seller, displaying any product or depiction of a product to any buyer in order to induce the purchase of another product or representing that a product is for sale when the representation is used primarily to sell another product, or substituting any product for that ordered by the buyer without the buyer's consent. Nothing in this paragraph shall be construed to prohibit the enhancement of sales of any product by the use of a gift;
(b) Failing to have available a sufficient quantity of the product represented as being for sale to meet reasonable anticipated demands, unless the available amount is disclosed fully and conspicuously;
(c) Using any price list or advertisement subject to changes without notice unless so stated, and which contains prices other than the seller's current billing prices, unless changes are subject to consumer's advance acceptance or rejection at or before the time of order or delivery;
(d) Misrepresenting the amount of money that the buyer will save on purchases of any products which are not of the same grade or quality;
(e) Failing to disclose fully and conspicuously in any printed advertisement and invoice in at least ten-point type any charge for cutting, wrapping, freezing, delivery, annual interest rate or financing and other services;
(f) Representing the price of any product to be offered for sale in units larger than one (1) pound in terms other than price per single pound. Nothing in this subdivision shall be construed to prevent the price of such units from also being represented by individual serving, by fluid measure or by other meaningful description;
(g) Misrepresenting the cut, grade, brand or trade name, or weight or measure of any product, or misrepresenting a product as meat that is not derived from harvested production of livestock, poultry or captive cervids;
(h) Using the abbreviation "U.S." in describing a product not graded by the United States Department of Agriculture, except that a product may be described as "U.S. Inspected" when true;
(i) Referring to a quality grade other than the United States Department of Agriculture quality grade, unless the grade name is preceded by the seller's name in type at least as large and conspicuous as the grade name;
(j) Misrepresenting a product through the use of any term similar to a government grade;
(k) Failing to disclose in uniform ten-point type, when a quality grade is advertised, a definition of the United States Department of Agriculture quality grade in the following terms:
(i) Prime;
(ii) Choice;
(iii) Good;
(iv) Standard;
(v) Utility;
(vi) Commercial;
(vii) Canner; or
(viii) Cutter; and within each quality grade the following yield grade:
1. Yield Grade 1 -- extra lean;
2. Yield Grade 2 -- lean;
3. Yield Grade 3 -- average waste;
4. Yield Grade 4 -- wasty; or
5. Yield Grade 5 -- exceptionally wasty;
(l) Advertising or offering for sale carcasses, sides or primal cuts as such, while including disproportionate numbers or amounts of less expensive components of those cuts, or offering them in tandem with less expensive components from other carcasses, sides or primal cut parts;
(m) Failing to disclose fully and conspicuously the correct government grade for any product if the product is represented as having been graded;
(n) Failing to disclose fully and conspicuously that the yield of consumable meat from any carcass or part of a carcass will be less than the weight of the carcass or part of the carcass. The seller shall, for each carcass or part of carcass advertised, use separately and distinctly in any printed matter, in at least ten-point type, the following disclosure: "Sold gross weight subject to trim loss.";
(o) Misrepresenting the amount or proportion of retail cuts that a carcass or part of a carcass will yield;
(p) Failing to disclose fully and conspicuously whether a quarter of a carcass is the frontquarter or hindquarter;
(q) Representing any part of a carcass as a "half" or "side" unless it consists exclusively of a frontquarter and hindquarter. Sides or halves must consist of only anatomically natural proportions of cuts from frontquarters or hindquarters;
(r) Representing primal cuts in a manner other than described in paragraph (a) of Section 1 of this act;
(s) Using the words "bundle," "sample order" or words of similar import to describe a quantity of meat unless the seller itemizes each type of cut and the weight of each type of cut which the buyer will receive; or
(t) Advertising or offering a free, bonus, or extra product or service combined with or conditioned on the purchase of any other product or service unless the additional product or service is accurately described, including, whenever applicable, grade, net weight or measure, type and brand or trade name. The words "free," "bonus" or other words of similar import shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount which must be purchased to entitle the buyer to the additional product or service.
(3) Any person who violates any provision of Sections 1 through 4 of this act shall be afforded the same remedies provided in Section 69-1-319 to correct the violation. However, if the person fails to correct the violation within the time prescribed, that person shall be guilty of a misdemeanor, and the commissioner, in addition to any other civil or criminal penalties imposed, may fine the violator not more than One Thousand Dollars ($1,000.00) for each violation.
SECTION 3. Personnel designated by the Commissioner of the Mississippi Department of Agriculture and Commerce shall have authority to enter the premises of business during regular business hours for the purpose of inspecting carcasses or parts of carcasses sold by the seller to determine compliance with the provisions of Sections 1 through 4 of this act. The commissioner, or any personnel designated by the commissioner, shall report any suspected violations to the prosecuting attorney of the county where the alleged violation occurred and to the Attorney General.
SECTION 4. (1) The remedies provided in Sections 1 through 4 of this act are in addition to and not in substitution for any other remedies provided by law.
(2) Sections 1 through 4 of this act shall not apply to a regularly licensed retail establishment with a permanent place of business which has an inventory of grocery products other than meat, meat products or cell-cultured meat with a wholesale value in excess of Fifteen Thousand Dollars ($15,000.00).
SECTION 5. Section 69-1-301, Mississippi Code of 1972, is brought forward as follows:
69-1-301. Sections 69-1-301 through 69-1-319 shall be known as the "Mississippi Country of Origin Labeling Law of 2009."
SECTION 6. Section 69-1-303, Mississippi Code of 1972, is amended as follows:
69-1-303. For purposes of Sections 69-1-301 through 69-1-319, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Beef" means the meat produced from cattle, including veal, which are born, raised and slaughtered for harvest in the traditional manner.
(b) "Commissioner" means the Commissioner of Agriculture and Commerce.
(c) "Covered commodity" means any of the following:
(i) Muscle cuts of beef, lamb and pork;
(ii) Ground beef, ground lamb and ground pork;
(iii) Farm-raised fish;
(iv) Wild fish;
(v) Perishable agricultural products;
(vi) Peanuts;
(vii) Meat produced from goats;
(viii) Chicken, in whole and in part;
(ix) Ginseng;
(x) Pecans; * * *
(xi) Macadamia
nuts * * *;
and
(xii) Cell-cultured meat or lab-grown meat.
The term covered commodity does not include an item described in this paragraph if the item is an ingredient in a processed food item.
(d) "Farm-raised fish" means farm-raised fish and shellfish and includes a fillet, steak, nugget and any other flesh from a farm-raised fish or shellfish. The term farm-raised fish shall not include catfish as defined in Section 69-7-605.
(e) "Lamb" means meat, other than mutton, produced from sheep.
(f) "Perishable agricultural product" means any of the following: fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice.
(g) "Pork" means meat produced from hogs or swine.
(h) "Retailer" means any establishment licensed by the commissioner under Section 69-1-18.
(i) "Supplier" means a person engaged in the business of supplying a covered commodity to a retailer.
(j) "Wild fish" means naturally born or hatchery-raised fish and shellfish harvested in the wild and includes a fillet, steak, nugget and any other flesh from wild fish or shellfish. The term wild fish does not include net-pen aquacultural or other farm-raised fish or catfish as defined in Section 69-7-605.
(k) "Cell-cultured meat" or "lab-grown meat" means meat produced by in vitro cultivation of animal cells, instead of from slaughtered animals, using many of the same tissue engineering techniques traditionally used in regenerative medicine.
SECTION 7. Section 69-1-305, Mississippi Code of 1972, is amended as follows:
69-1-305. (1) A retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity, and if such commodity is a meat or meat product, to identify whether or not such product is made of authentically natural meat or produced as a cell-cultured meat or lab-grown meat from the in vitro cultivation of animal cells.
(2) (a) The information may be provided to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the covered commodity or on the package, display, holding unit or bin containing the commodity at the final point of sale to consumers.
(b) If the covered commodity is already individually labeled for retail sale regarding country of origin and either authentically natural or cell-cultured or lab-grown if the commodity is a meat or meat product, the retailer shall not be required to provide any additional information to comply with this section.
(3) A supplier shall provide information to the retailer indicating the country of origin of the covered commodity, and if such commodity is a meat or meat product, information indicating whether or not such product is made of authentically natural meat or produced as a cell-cultured meat or lab-grown meat from the in vitro cultivation of animal cells.
SECTION 8. Section 69-1-307, Mississippi Code of 1972, is amended as follows:
69-1-307. (1) United States country of origin. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was:
(a) Exclusively born, raised and slaughtered in the United States; or
(b) Born and raised in Alaska or Hawaii and transported for a period of not more than sixty (60) days through Canada to the United States and slaughtered in the United States.
(2) A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the country of origin of the covered commodity as all of the countries in which the animal may have been born, raised or slaughtered, if the commodity is derived from an animal that was:
(a) Not exclusively born, raised and slaughtered in the United States; or
(b) Born, raised or slaughtered in the United States; and
(c) Not imported into the United States for immediate slaughter.
(3) A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat that is derived from an animal imported into the United States for immediate slaughter shall designate the origin as:
(a) The country from which the animal was imported; and
(b) The United States.
(4) A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat derived from an animal not born, raised or slaughtered in the United States shall designate a country other than the United States as the country of origin.
(5) The notice of country of origin for ground beef, ground pork, ground lamb, ground chicken or ground goat shall include:
(a) A list of all countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat; or
(b) A list of all possible countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat.
(4) A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat derived from in vitro cultivation of animal cells from any livestock, poultry or captive cervids listed above, shall designate the product as cell-cultured meat or lab-grown meat.
SECTION 9. Section 69-1-309, Mississippi Code of 1972, is brought forward as follows:
69-1-309. (1) A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if:
(a) In the case of farm-raised fish, it is hatched, raised, harvested and processed in the United States; or
(b) In the case of wild fish, it is:
(i) Harvested in waters of the United States, a territory of the United States or a state, including the waters thereof; and
(ii) Processed in the United States, a territory of the United States or a state, including the waters thereof.
(2) The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish.
SECTION 10. Section 69-1-311, Mississippi Code of 1972, is brought forward as follows:
69-1-311. (1) A retailer of a covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively produced in the United States.
(2) If the covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut is produced exclusively in the United States, designation of the state, region or locality of the United States where the commodity was produced shall be sufficient to identify the United States as the country of origin.
SECTION 11. Section 69-1-313, Mississippi Code of 1972, is brought forward as follows:
69-1-313. (1) The commissioner is authorized to promulgate any rules and regulations as are necessary for the efficient enforcement of Sections 69-1-301 through 69-1-319.
(2) The commissioner shall have authority to enter the premises of any person that prepares, stores, handles or supplies any covered commodity for retail sale to conduct label reviews of covered commodities in order to determine compliance with Sections 69-1-301 through 69-1-319.
SECTION 12. Section 69-1-315, Mississippi Code of 1972, is amended as follows:
69-1-315. The commissioner may cooperate with and enter into agreement with agencies of the federal government in order to carry out the purpose and provisions of Sections 69-1-301 through 69-1-319 and Sections 1 through 4 of this act. In this cooperative effort, the commissioner is authorized to accept from the federal government any advisory assistance planning and any financial aid or other aid for the program.
SECTION 13. Section 69-1-317, Mississippi Code of 1972, is amended as follows:
69-1-317. (1) The commissioner may conduct an audit of any person that prepares, stores, handles or supplies any covered commodity for retail sale to verify compliance with Sections 69-1-301 through 69-1-319 and Sections 1 through 4 of this act.
(2) Any person subject to an audit under this section shall provide information to the commissioner that verifies the country of origin of the covered commodities, and if such commodity is a meat or meat product, information indicating whether or not such product is made of authentically natural meat or produced as a cell-cultured meat or lab-grown meat from the in vitro cultivation of animal cells. Records maintained in the course of the normal conduct of the business of those persons, including animal health papers, import or customs documents or producer affidavits, may serve as verification.
(3) The commissioner may seek injunctive relief if a person fails to provide the information required under this section.
SECTION 14. Section 69-1-319, Mississippi Code of 1972, is brought forward as follows:
69-1-319. (1) If the commissioner determines that a retailer is in violation of Sections 69-1-301 through 69-1-319, the commissioner shall:
(a) Notify the retailer of the determination of the commissioner; and
(b) Provide the retailer a thirty-day period, during which the retailer must take necessary steps to comply with Sections 69-1-301 through 69-1-319.
(2) If the commissioner determines that a supplier is in violation, the commissioner shall:
(a) Notify the supplier of the determination of the commissioner; and
(b) Provide the supplier a thirty-day period, beginning on the date on which the person receives the notice, during which the supplier shall:
(i) Provide the required information to the retailer; and
(ii) Provide to the commissioner a detailed plan of distribution of the required information to all retailers that are supplied covered commodities by the supplier.
(3) If at the end of the thirty-day period, the commissioner determines that the retailer or supplier failed to make a good faith effort to correct the violation or continues to be in violation, the commissioner, in addition to any other civil or criminal penalties, may fine the retailer or supplier not more than One Thousand Dollars ($1,000.00) for each violation. An appeal may be filed as provided under Section 69-25-59.
SECTION 15. This act shall take effect and be in force from and after July 1, 2019.