Senate Bill 2303

AN ACT TO PROHIBIT RETAIL FOOD ESTABLISHMENTS FROM IMPOSING COST-PLUS PRICING FORMULAS WITHOUT PUBLICLY POSTING NOTICE OF THE COST-PLUS PRICING FORMULA; TO PROVIDE A PENALTY FOR THE CRIME; TO PROVIDE THAT A VIOLATION OF THE SECTION SHALL CONSTITUTE AN UNLAWFUL TRADE PRACTICE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A retail food establishment may not impose a cost-plus pricing formula on grocery items without publicly posting notice of the cost-plus pricing formula. Notice shall be sufficient under this subsection if the amount of surcharge to be added to grocery items is conspicuously displayed at the retail food establishment:

(a) A sign on the front sidewalk within fifteen (15) feet of each entrance; and

(b) On a sign inside each entrance.

(2) As used in this section:

(a) "Retail food establishment" means any establishment as defined by Section 69-1-18(1)(b).

(b) "Cost-plus pricing formula" means a formula in which the seller marks items at the item cost and imposes a surcharge in addition to the cost of the item.

SECTION 2. (1) Any person who violates this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) or shall be imprisoned in the county jail not exceeding one (1) year, or both.

(2) Any violation of this act constitutes an unlawful trade practice under Section 75-24-5 and, in addition to any remedies or penalties set forth in this act, shall be subject to any remedies or penalties available for a violation of that statute.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.