MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Marine Resources
By: Representative Anderson (122nd)
AN ACT TO AMEND SECTION 69-1-55, MISSISSIPPI CODE OF 1972, TO EXPAND THE COUNTRY OF ORIGIN LABELING LAW FOR CRAWFISH AND SHRIMP TO MAKE IT APPLICABLE TO CRAWFISH AND SEAFOOD, WHICH MEANS SALTWATER FINFISH, CRUSTACEANS, MOLLUSCAN SHELLFISH AND OTHER FORMS OF SALTWATER AQUATIC ANIMAL LIFE WHERE SUCH AQUATIC ANIMAL LIFE IS INTENDED FOR HUMAN CONSUMPTION; TO DEFINE CERTAIN TERMS; TO PROVIDE THE COUNTRY OF ORIGIN DESIGNATIONS THAT MUST BE PROVIDED ON ANY CRAWFISH OR SEAFOOD LABEL, MENU, SALES DISPLAY OR OTHER ADVERTISEMENT; TO REQUIRE SUPPLIERS OF CRAWFISH AND SEAFOOD TO MAINTAIN CERTAIN RECORDS; TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE AND COMMERCE AND THE DEPARTMENT OF MARINE RESOURCES SHALL HAVE COLLECTIVE REGULATORY AUTHORITY OVER THE CRAWFISH AND SEAFOOD LABELS; TO PROVIDE PENALTIES FOR VIOLATING THE CRAWFISH AND SEAFOOD COUNTRY OF ORIGIN LABELING REQUIREMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-1-55, Mississippi Code of 1972, is amended as follows:
69-1-55. (1) * * * It
shall be unlawful for any person, firm or corporation, within this state who is
a wholesaler, processor, retailer, or food service establishment that sells
imported crawfish or * * * seafood to misrepresent to the public, either verbally,
on a menu, or on a sign displayed on the premises, that the imported crawfish
or * * * seafood
is domestic.
(2) For purposes of this section, the following words and phrases shall have the meanings as defined herein unless the context clearly indicates otherwise:
(a) "Collective agencies" means the Mississippi Department of Agriculture and Commerce and the Mississippi Department of Marine Resources.
(b) "Country of origin" means the country where a seafood or crawfish is derived, hatched, born, raised, harvested and processed. If the seafood or crawfish is derived, hatched, born, raised, harvested or processed in different countries, the term includes each country. If any foreign seafood or crawfish product is added to or mixed with domestic product, the seafood or crawfish must then be classified as foreign product and labeled according to the country of origin for the foreign product.
(c) "Domestic" means seafood or crawfish having a United States country of origin.
(d) "Food service establishment" means any place, vehicle or vessel where food is prepared, stored, held, transported, served or dispensed to consumers and which is regulated by the collective agencies. The term includes any such place regardless of whether the food sold is intended for on-premises or off-premises consumption.
(e) "Label" means a display of written, printed or graphic matter upon or affixed to the container in which a seafood or crawfish product is offered for direct retail sale.
(f) "Menu" means any listing of food and/or beverage options for a diner or customer to select from regardless of its form.
(g) "Person" means any individual, partnership, corporation and association or other legal entity.
(h) "Processor" means any person or entity engaged in handling, storing, preparing, manufacturing, packing or holding seafood or crawfish products.
(i) "Retailer" means any person or entity offering for sale seafood or crawfish products to food service establishments and to individual consumers. Retailer includes food service establishments unless otherwise stated herein.
(j) "Seafood" means saltwater finfish, crustaceans, molluscan shellfish and other forms of saltwater aquatic animal life where such aquatic animal life is intended for human consumption. The term seafood shall not include catfish as defined in Section 69-7-605.
(k) "Wholesaler" means any person or entity offering for sale any seafood or crawfish product destined for direct retail sale.
( * * *3) A * * * wholesaler, processor, retailer
or food service establishment * * * shall designate a * * * seafood or crawfish as having * * * one (1) of the following
country of origin * * *
designations:
(a) "Farm-raised
domestic" if the farm-raised * * * seafood or crawfish is hatched,
raised, harvested and processed in the United States; * * *
(b) "Wild-caught
domestic" if the * * *wild wild-caught * * * seafood or crawfish is harvested
in the waters of the United States, a state or a territory of the United States
and processed in the United States, a state or a territory of the United States * * *; or
(c) "Foreign" if the seafood or crawfish is harvested in waters outside of the territorial waters of the United States, a state or a territory outside of the territorial waters of the United States, or is hatched, raised, harvested and/or processed outside of the United States.
(4) If the seafood or crawfish originated in a foreign country outside of the territorial waters of the United States, the wholesaler, processor, retailer or food service establishment shall provide the country of origin on the label, menu, sales display or any other form of advertisement, in a font that is at least the same size as the name of the seafood or crawfish being sold or promoted. The seafood or crawfish served or provided shall be what is advertised or sold.
(5) If a wholesaler, processor, retailer or food service establishment offers for sale only wild-caught domestic seafood, then the wholesaler, processor, retailer or food service establishment may disclose this in a prominent location on the premises. In the case of a food service establishment, this disclosure may be in lieu of disclosure on the menu.
(6) Any individual or entity who supplies seafood or crawfish to a wholesaler, processor, retailer or food service establishment shall maintain a verifiable record-keeping audit trail that permits the collective agencies to verify compliance with this law and any regulations promulgated hereunder. The supplier shall provide documentation to the wholesaler, processor, retailer or food service establishment indicating the country of origin of the seafood or crawfish.
( * * *7) (a) The * * * collective agencies shall regulate * * * wholesalers, processors,
retailers and food service establishments under this section.
(b) * * * The collective agencies shall
adopt rules and regulations in accordance with the Administrative Procedures
Act as are necessary to enforce the provisions of this section.
(c) The collective agencies shall have authority to enter the premises of any wholesaler, processor, retailer or food service establishment to collect samples of seafood or crawfish for laboratory testing to test for species identification and/or any other testing as may be necessary to determine compliance with this section.
( * * *8) * * *
(a) Any wholesaler, processor, retailer or food service establishment, who
violates or fails or refuses to comply with any provision of this chapter or
regulation adopted pursuant to this chapter in relation to seafood or crawfish,
may be subject to civil penalties to be assessed and levied by the collective
agencies after a finding by the collective agencies that a violation has
occurred. Violations pertaining to different types of seafood or crawfish may
be charged as separate violations. Any subsequent violations charged after a
three (3) day written notice has been provided may be processed as a new
violation and a new three (3) day notice period shall not be required. In
addition to assessing civil penalties, the collective agencies may suspend or
revoke licenses which are subject to their jurisdiction, for any operation
which is subject to the maximum penalty of Ten Thousand Dollars ($10,000.00).
Appeals of any action or decision to the collective agencies may be taken as
provided in Section 49-15-401 et seq. for complaints relating to seafood and as
provided in Section 69-7-616 for complaints relating to crawfish.
(b) Civil penalties shall be assessed as follows:
(i) First Violation. The wholesaler, processor, retailer or food service establishment shall be notified in writing and given three (3) days to correct the violation. No penalties under this act shall apply to any wholesaler, processor, retailer or food service establishment that corrects the first violation within three (3) days from the date of notification. Failure to correct the violation within three (3) days shall result in a violation with a fine in the amount of not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00); and
(ii) Second Violation. Not less than One Thousand Dollars ($1,000.00) or more than Two Thousand Dollars ($2,000.00); and
(iii) Third Violation. Not less than Three Thousand Dollars ($3,000.00) or more than Five Thousand Dollars ($5,000.00); and
(iv) Fourth and Subsequent Violations. Not less than Ten Thousand Dollars ($10,000.00).
(c) Any wholesaler, processor, retailer or food service establishment that knowingly violates any provision of this chapter, rule or regulation, shall be guilty of a misdemeanor and upon conviction, may be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both.
(d) Any wholesaler, processor, retailer or food service establishment that unknowingly violates this section due to a good faith reliance upon the supplier's documentation of the seafood or crawfish's country of origin shall be held harmless against penalties from a violation of this section.
(e) Any good faith reliance claim must be supported by the appropriate evidence of the documentation from the supplier.
(f) Any person against whom a complaint is made or who has been made subject to a fine or license suspension as provided by this subsection may avail himself of a due process administrative hearing as provided by Section 69-7-616 for complaints related to crawfish and Section 49-15-401 et seq. for complaints related to seafood.
(g) All fines and other monies collected pursuant to violations related to seafood under this section shall be distributed to the Mississippi Department of Marine Resources and deposited into the Seafood Fund for promotion of the domestic seafood market and implementation, enforcement and administration of this section. Fines and monies collected pursuant to violations related to crawfish under this section shall be distributed to the Mississippi Department of Agriculture and Commerce for implementation, enforcement and administration of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.