House Bill 362

AN ACT TO CREATE THE MISSISSIPPI FOOD FREEDOM ACT; TO DEFINE TERMS USED HEREIN; TO PROHIBIT ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THIS STATE FROM REGULATING CERTAIN PRACTICES INVOLVED IN THE PRODUCTION OF AGRICULTURAL OR FARM PRODUCTS ON ANY PRIVATE PROPERTY; TO PROHIBIT ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION FROM RESTRICTING THE RETAIL SALE OR DISTRIBUTION OF UNPROCESSED AGRICULTURAL OR FARM PRODUCTS GROWN OR RAISED IN THIS STATE DIRECTLY FROM THE PRODUCER TO THE CONSUMER; TO AMEND SECTION 69-3-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Food Freedom Act."

SECTION 2. As used in this act, the following terms shall have the meanings herein ascribed unless the context clearly requires otherwise:

(a) "Crops" means fruits and products of all annual or perennial plants, trees and shrubs.

(b) "Milk goat" means a doe kept for the purpose of producing milk and any unweaned kid goats.

(c) "Unprocessed" means agricultural or farm products that have not been canned, cooked, fermented, distilled, preserved, ground, crushed or slaughtered.

SECTION 3. (1) (a) No county, municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property.

(b) No county, municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation or resolution that prohibits or regulates the retail sale or distribution of unprocessed agricultural or farm products grown or raised in this state directly from the producer to the consumer as food for human consumption or seed for replanting.

(2) The provisions of subsection (1) of this section shall not prohibit or impair the power of any county or municipal governing authority or other political subdivision of this state to adopt or enforce any zoning ordinance or make any other zoning decision.

(3) The provisions of subsection (1) of this section shall not prohibit or impair any existing power of a county or municipality governing authority or other political subdivision of this state to adopt or enforce any ordinance, rule, regulation or resolution regulating land application of human waste.

SECTION 4. (1) Nothing in this act or any rule or regulation adopted under the authority provided herein shall prohibit or regulate the retail sale or distribution of unprocessed agricultural or farm products grown or raised in this state directly from the producer to the consumer as food for human consumption or seeds for replanting.

(2) The seeds produced from crops grown in this state shall remain the sole property of the producer, which may be stored and preserved for replanting or sold without penalty.

SECTION 5. No county, municipality or other political subdivision of this state shall prohibit or require any permit for the growing or raising of food crops or chickens, rabbits or milk goats in:

(a) Home gardens, coops, or pens on private residential property so long as the food crops or animals or the products thereof are used for human consumption by the occupant of the property and members of his or her household and not for commercial purposes; or

(b) Community or cooperative gardens, coops or pens on any portion of any private lot made available for the purposes prescribed in this section by the occupant thereof so long as the total lot size is not more than two and three-fourths (2-3/4) acres and the food crops or animals or the products thereof are used for human consumption by the growers and raisers and members of their households and not for commercial purposes. However, the slaughter of goats kept under the authority of this section shall be prohibited.

(2) This section shall not prohibit or impair:

(a) The authority of a local governmental entity to abate a public nuisance;

(b) Any cause of action brought by a private citizen to abate a private nuisance under Section 97-44-15; or

SECTION 6. Section 69-3-11, Mississippi Code of 1972, is amended as follows:

69-3-11. Agricultural seed or mixtures of same, vegetable seed, flower seed, and tree and shrub seed shall be exempt from provisions of this article:

(1) When sold and delivered by a farmer-grower of this state on his own premises or any individual authorized under Sections 1 through 4 of this act, but a farmer-grower or other authorized individual is required to label seed when sold and shipped away from his premises, but is not required to hold the seedsman's permit. These provisions do not apply to commercial growers of seed.

(2) When sold or represented to be sold for purposes other than seeding, providing that the vendor shall make it unmistakably clear to the purchaser of such seed that it is not for seeding purposes.

(3) When seed for processing is being transported to, or consigned to, or stored in a processing or cleaning establishment, provided that the invoice or labeling accompanying said seed bears the statement "seed for processing." Other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.

(4) No label shall be required, unless requested by the purchaser, on agricultural seed, mixtures of same, vegetable seed, flower seed, and tree and shrub seed when such seeds are sold directly to and in the presence of the purchaser and taken from a container labeled in accordance with this article.

(5) No person shall be subjected to the penalties of this article for having sold, offered or exposed for sale in this state agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed which were incorrectly labeled or represented as to kind, variety or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.

SECTION 7. This act shall take effect and be in force from and after July 1, 2023.