Senate Bill 2638

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, TO FURTHER DEFINE COTTAGE FOODS AND RELATED TERMS; TO PROVIDE A LIST OF FOODS THAT ARE AUTHORIZED AS COTTAGE FOODS WITHIN THE STATE; TO INCREASE THE MAXIMUM ANNUAL GROSS SALES FOR A COTTAGE FOOD OPERATION TO BE EXEMPT FROM FOOD ESTABLISHMENT PERMIT FEES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-29-951, Mississippi Code of 1972, is amended as follows:

75-29-951. (1) As used in this section, the following words have the following meanings unless context clearly provides otherwise:

(a) "Cottage food" means products that are specific types of foods that individuals are allowed to make in their private homes. Cottage foods must:

(i) Be nonhazardous;

(ii) Not require time and/or temperature control to remain safe for consumption;

(iii) Be stored in the seller's home or small-scale food operation following the safe food handling guidelines outlined in the United States Food and Drug Administration Retail Food Code to prevent adulteration caused by insects, household chemicals, water damage, unsanitary conditions and any other spoilage that would cause the cottage food products to be unsafe for consumption; and

(iv) Not have been found to support the growth of pathogens by the Food and Drug Administration.

(b) "Private home" means the location where a person resides.

(2) Approved cottage foods include:

(a) Baked goods without cream, custard or meat fillings;

(b) Candy;

(d) Dried fruit, excluding melons;

(e) Dried pasta;

(f) Dried spices;

(g) Dried baking mixes;

(h) Granola;

(i) Cereal;

(j) Trail mixes;

(k) Dry rubs;

(l) Fried pies;

(m) Jams, jellies, and preserves that comply with the standard described in part 150 of Title 21 of the Code of Federal Regulations;

(n) Nut mixes;

(o) Popcorn;

(p) Vinegar;

(q) Mustard;

(r) Waffle cones;

(s) Acidified products which meet the definition as stated in part 114 of Title 21 of the Code of Federal Regulations; and

(t) Wine and any alcoholic beverage, as defined in Section 67-1-5, or beer, light wine or light spirit product, as defined in Section 67-3-3.

( * * *13) (a) A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed * * * Fifty Thousand Dollars ($50,000.00).

(b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales.

( * * *24) A cottage food operation may not sell cottage food products over the internet, by mail order, or at wholesale or to a retail establishment; however, this does not prohibit the advertising of cottage food products over the internet, including through social media. * * *

( * * *35) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:

(a) The name and address of the cottage food operation;

(b) The name of the cottage food product;

(d) The net weight or net volume of the cottage food product;

(e) Allergen information as specified by federal labeling requirements;

(f) Appropriate nutritional information as specified by federal labeling requirements, if any nutritional claim is made; and

(g) The following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations."

( * * *46) This section does not exempt a cottage food operation from any federal tax law, rule, regulation, or certificate that applies to all cottage food operations.

( * * *57) (a) The department may investigate any complaint that alleges that a cottage food operation has violated an applicable provision of this section or rule adopted under this section.

(b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this section and department rules. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to Section 41-3-59.

( * * *68) This section does not apply to a person operating under a food permit issued pursuant to Section 41-3-18.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.