MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Agriculture
By: Representatives Eubanks, Lancaster
AN ACT TO AMEND SECTIONS 69-1-303, 69-1-305, 69-1-307, 69-1-309, 69-1-311 AND 69-1-317, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF THE "MISSISSIPPI COUNTRY OF ORIGIN LABELING LAW OF 2009," TO REQUIRE THAT INFORMATION BE INCLUDED ON THE PRODUCT OR NOTICE BE GIVEN BY RETAILERS TO CONSUMERS PRIOR TO THE POINT OF SALE OF COVERED COMMODITIES OF THOSE PRODUCTS' COUNTRY OF PROCESSING; TO BRING FORWARD SECTIONS 69-1-301, 69-1-313, 69-1-315 AND 69-1-319, MISSISSIPPI CODE OF 1972, WHICH ARE THE REMAINING PROVISIONS OF THE "MISSISSIPPI COUNTRY OF ORIGIN LABELING LAW OF 2009," FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 2. 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.
(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, turkey and duck, in whole and in part;
(ix) Ginseng;
(x) Pecans; and
(xi) Macadamia nuts.
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.
SECTION 3. 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 and the country of processing of the covered commodity.
(2) (a) The information * * * shall 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 country of processing, 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 and the country of processing of the covered commodity.
SECTION 4. 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, turkey, duck or goat meat may designate the covered commodity as exclusively having a United States country of origin and country of processing 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 and the country of processing 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, turkey, duck 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, turkey, duck 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 and the country of processing.
(5) The notice of country of origin and country of processing for ground beef, ground pork, ground lamb, ground chicken, ground turkey, ground duck or ground goat shall include:
(a) A list of all countries of origin and countries of processing of the ground beef, ground pork, ground lamb, ground chicken, ground turkey, ground duck or ground goat; or
(b) A list of all possible countries of origin and countries of processing of the ground beef, ground pork, ground lamb, ground chicken, ground turkey, ground duck or ground goat.
SECTION 5. Section 69-1-309, Mississippi Code of 1972, is amended 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 and country of processing 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 and country of processing for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish.
SECTION 6. Section 69-1-311, Mississippi Code of 1972, is amended 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 and country of processing 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 and the country of processing.
SECTION 7. 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 8. Section 69-1-315, Mississippi Code of 1972, is brought forward 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. 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 9. 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.
(2) Any person subject to an audit under this section shall provide information to the commissioner that verifies the country of origin and the country of processing of the covered commodities. 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 10. 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 11. This act shall take effect and be in force from and after July 1, 2021.