Senate Bill 2488

AN ACT TO AMEND SECTION 41-3-18, MISSISSIPPI CODE OF 1972, TO CLARIFY THE EXEMPTION FROM FOOD ESTABLISHMENT ANNUAL PERMIT FEES ON PERSONS WHO PRODUCE, SELL AND PACKAGE RAW HONEY; 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. (1) The board shall assess fees in the following amounts and for the following purposes:

(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:

Assessment Category 1................................... $ 30.00

Assessment Category 2................................... 100.00

Assessment Category 3................................... 150.00

Assessment Category 4................................... 200.00

(b) 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.

Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.

(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:

(a) 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; and

(b) Persons who * * * produce, sell and package raw honey, and those persons shall not be inspected by the State Department of Health unless requested by the producer. For purposes of this paragraph (b), "raw honey" means honey which has not been heated to over one hundred four (104) degrees Fahrenheit or forty (40) degrees Celsius.

(3) The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.