MCA Chapter 29

in effect

Miss. Code Ann. § 75-29-1 Legislative findings.

The Legislature finds that there is a need for the equal and uniform regulation of all food and food products and for the provision for the sale of such products. This article is intended to authorize the State Board of Health to provide a regulatory framework for the intrastate and interstate sale of food and food products, and to prevent the sale of adulterated or mislabeled food or food products not otherwise regulated by existing law. In the event any provision of this article conflicts with such law, the existing law will control.

Miss. Code Ann. § 75-29-3 Articles deemed adulterated.

An article of food shall be deemed to be adulterated: If it is adulterated as defined in Section 402 of the federal Food, Drug and Cosmetic Act, as amended, codified at 21 USC 342.

Miss. Code Ann. § 75-29-5 Prohibiting manufacture and sale of adulterated, misbranded or insufficiently labeled foods.

It shall be unlawful for any person, persons, firm or corporation, within this state, to manufacture for sale, produce for sale, knowingly expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article; and any person, persons, firm or corporation who shall manufacture for sale, produce for sale, expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned not to exceed ninety (90) days, or both such fine and imprisonment; provided, however, it shall be lawful to sell any article named herein which complies with all federal statutes regulating or governing the manufacture, sale or labeling of such article.

Miss. Code Ann. § 75-29-7 What the term food shall include.

The term “food” as used in this article shall include every article used for, or entering into the composition of, or used or intended for use in the preparation of food or drink for human consumption, whether simple, mixed or compound.

Miss. Code Ann. § 75-29-9 Articles deemed misbranded.

An article shall be deemed to be misbranded: First.— If it be an imitation of or offered for sale under the name of another article. Second.— If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package. Third.— If the package containing it or its label shall bear any statement, design or device regarding the ingredients of the substances contained therein, which statement, design or device shall be false in any particular.

Miss. Code Ann. § 75-29-11 Articles deemed mislabeled or misbranded.

An article shall be deemed to be mislabeled or misbranded: If such article is not in conformity with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 USCS 1451 et seq.) and the regulations promulgated pursuant thereto, and with the requirements of the Nutrition Labeling and Education Act of 1990.

Miss. Code Ann. § 75-29-13 Repealed.

Repealed by Laws, 1997, ch. 430, § 13, eff from and after July 1, 1997. § 75-29-13 . [Codes, Hutchinson’s 1848, ch. 13, art. 4(6); 1857, ch. 25, art. 6; 1871, § 2271; 1880, § 947; 1892, § 2105; 1906, § 2290; Hemingway’s 1917, § 4662; 1930, § 4970; 1942, § 7120] § 75-29-15 . [Codes, 1892, § 2107; 1906, § 2292; Hemingway’s 1917, § 4664; 1930, § 4972; 1942, § 7122] § 75-29-17 . [Codes, Hemingway’s 1917, § 4670; 1930, § 4973; 1942, § 7123; Laws, 1910, ch. 132] Editor’s Notes — Former § 75-29-13 provided for penalties for the sale of unsound provisions. Former § 79-29-15 provided for the forfeiture of adulterated food and drugs. Former § 75-29-17 provided for the requirement of the State Chemist to fix and publish standards of purity.

Miss. Code Ann. § 75-29-19 State Board of Health charged with enforcement of this chapter; regulatory authority not applicable to vending machines or micro markets.

The State Board of Health is hereby charged with the enforcement of this chapter. The State Board of Health shall have the authority to establish such rules and regulations not inconsistent with this chapter as will best carry its provisions into effect, unless regulation of food as defined in this chapter is otherwise authorized by law. However, the regulatory authority provided to the board under this section shall not apply to the regulation of a vending machine or micro market as defined in Section 69-1-18, or to the food and beverages sold therefrom.

Miss. Code Ann. § 75-29-21 Analysis of samples and specimens.

In the discretion of the State Board of Health, samples or specimens for analysis may be taken by duly qualified and sworn inspectors. Whenever practicable, samples shall be taken by representatives of the board. The Office of the State Chemist shall have primary responsibility for providing chemical, physical and microbiological analytical services in support of regulatory programs provided for herein.

Miss. Code Ann. § 75-29-23 State Board of Health to have free access to places where foods are sold.

Upon showing of identification, representatives of the State Board of Health shall have free access at all reasonable hours to any place where foods are sold, and in calling for and taking a sample of any food, he shall tender the market price asked for it.

Miss. Code Ann. § 75-29-25 Interference with State Board of Health subject to penalty.

Any person or dealer who shall impede, obstruct, hinder, prevent or attempt to prevent a representative of the State Board of Health in the performance of his duties, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or be imprisoned in the county jail not more than ninety (90) days, at the discretion of the court.

Miss. Code Ann. § 75-29-27 Handling of adulterated or misbranded food; notice of embargo; court proceedings.

Whenever a duly authorized agent of the State Board of Health finds, or has probable cause to believe, that any food, as defined by this article, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. All costs associated with an embargo or detention of food reasonably believed to be adulterated shall be borne by the owner thereof or his agent. When an article is adulterated or misbranded, the owner of the article may be proceeded against by petition to the judge of the county or circuit court in whose jurisdiction the article is located, detained or embargoed for a libel for condemnation of such article. When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, he shall remove the tag or other marking. If the court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article, after entry of the decree, shall be destroyed at the expense of the owner thereof, under the supervision of an agent of the State Board of Health, and all court costs and fees, storage and other proper expenses shall be taxed against the owner of such article or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, signifying that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the owner thereof or his agent for such labeling or processing under the supervision of an agent of the State Board of Health. The expense of such supervision shall be paid by owner of the article or his agent. The article shall be returned to the owner or his agent and the bond shall be discharged on the representation to the court by the State Board of Health that the article is no longer in violation of this article and that the expenses of such supervision have been paid. Whenever any authorized agent of the State Board of Health shall find in any room, building, vehicle of transportation or other structure, any perishable food articles that are unsound or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, any agent of the State Board of Health shall immediately condemn or destroy the articles, or in any other manner render the articles unsalable as human food.

Miss. Code Ann. § 75-29-29 Institution of proceedings to prosecute violations of article.

It shall be the duty of each district attorney, county attorney or city attorney to whom the State Board of Health reports any violation of this article to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this article is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the board, either orally or in writing, in person or by attorney with regard to such contemplated proceeding.

Miss. Code Ann. § 75-29-31 Written notice or warning for minor violations.

Nothing in this article shall be construed as requiring the State Board of Health to report for prosecution or for the institution of proceedings under this article minor violations of this article, whenever the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

Miss. Code Ann. § 75-29-101 Inspectors of food appointed.

The board of supervisors of every county, and the governing authority of every city, town, and village, respectively, may appoint and commission a suitable person to be inspector of food, and said boards may direct, from time to time, what kinds of food shall be inspected.

Miss. Code Ann. § 75-29-103 Regulations adopted; penalties.

The said boards may respectively make and publish all needful regulations for the government of the inspectors, and of dealers in food, and may enforce such regulations by proper penalties, and they may prescribe and regulate the compensation of the inspector and his fees and perquisites, and define his duties.

Miss. Code Ann. § 75-29-105 Oath and bond of inspector.

Every inspector of food, before he enters on his duties, shall take and subscribe the following oath, to be attached to his commission: “I, A B, do swear [or affirm] that, as inspector of food for the_______________ , I will not knowingly or wilfully injure any person, or suffer any injury to be done by others, with my knowledge or consent; and I will, at all times and in all things, well and truly perform all the duties of the inspector of food for the_______________according to law, to the best of my ability, without fear, favor, or partiality. So help me God.” He shall give bond, with sufficient sureties, payable to the county, city, town, or village, in the sum of five hundred dollars ($500.00), conditioned for the faithful performance of his duties.

Miss. Code Ann. § 75-29-107 Inspectors liable as other officers.

Every inspector of food shall be liable, civilly and criminally, as other officers are, for fraud and any malfeasance or misfeasance in office.

Miss. Code Ann. § 75-29-109 Instruments for gauging liquids.

In case it be necessary or proper, the board of supervisors, or the governing authority of every city, town, and village, shall supply the inspector with all the necessary instruments for gauging and ascertaining the contents of vessels of liquids; and such boards may direct and regulate the inspection, gauging, and marking or branding packages of liquids, and enforce such regulation.

Miss. Code Ann. § 75-29-111 Penalty for opposing the inspector.

Any person who shall oppose or obstruct any inspector of food in the discharge of his official duties, shall, for every such offense, forfeit and pay two hundred dollars ($200.00), and shall, moreover, be liable for any injury or damage that may be sustained by any such opposition or obstruction.

Miss. Code Ann. § 75-29-201 Labeling requirements.

Every container of syrup sold, offered, or exposed for sale, through a retail outlet, by an individual, firm or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint, or embossed material on the container itself, plainly printed in the English language, and truly certifying the net contents of the packet, the name, brand, and the name and address of the person, or processor, offering such syrup for sale, and a true statement of the contents contained therein. It shall be unlawful for any individual, firm, organization or corporation to label, sell, offer for sale or expose for sale at the retail level of trade any product as “pure syrup” that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Syrup from the juice of sugar cane or sorghum may be labeled “pure cane” or “pure sorghum” syrup to coincide with the contents therein. Any other type of syrup must show the name of all ingredients with ingredients listed in descending order of predominance of weight. It shall be unlawful for any manufacturer or distributor of syrup or syrup products to use a fictitious name or address on the container label.

Miss. Code Ann. § 75-29-202 Records of names and addresses of manufacturers of syrup.

Distributors are required to keep records of the names and addresses of the manufacturers whose syrup they distribute for a period of three (3) years and to provide that information to the commissioner upon request to aid the commissioner in locating the source of adulterated syrup or syrup products.

Miss. Code Ann. § 75-29-203 Enforcement of article.

The Mississippi Department of Agriculture and Commerce is hereby vested with the authority and responsibility for carrying out the provisions of this article, and the Commissioner of Agriculture and Commerce, or his representative, shall be furnished samples of syrup or syrup products from the individual, firm organization or corporation, upon request, and shall have the products analyzed by the state chemist.

Miss. Code Ann. § 75-29-205 Stop sales; pick ups and refunds where syrup or syrup products sold in violation of article.

The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any syrup or syrup products found to be in violation of this article. Upon written notice by the commissioner to the manufacturer or distributor of the syrup or syrup products sold in violation of this article, the syrup or syrup products shall be picked up by the manufacturer or distributor and the buyer of the syrup or syrup products shall be refunded the purchase price by the manufacturer or distributor. Any order to stop the sale of syrup or syrup products may be appealed to the Chancery Court of the First Judicial District of Hinds County or the chancery court in the county where the violation occurred within thirty (30) days of receipt of the order.

Miss. Code Ann. § 75-29-207 Repealed.

Repealed by Laws of 2013, ch. 323, § 6, eff from and after July 1, 2013. § 75-29-207 . [Codes, 1942, § 7019.5; Laws, 1960, ch. 159, §§ 1-4; Laws, 1962, ch. 169, §§ 1-7.] Editor’s Notes — Former § 75-29-207 prohibited the use of a fictitious name or address on a container label. For present similar provisions, see § 75-29-201(3) .

Miss. Code Ann. § 75-29-209 Rules and regulations.

The commissioner of agriculture and commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate such rules and regulations as may be necessary to carry out the provisions of this article.

Miss. Code Ann. § 75-29-211 Penalties; appeals of administrative penalties.

Except as otherwise provided in subsection (2) of this section, any person violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished for such violation; and each infraction shall constitute a separate offense. Any manufacturer or distributor found to be in violation of the labeling requirements of Section 75-29-201, shall, upon conviction therefor, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for a period of time not to exceed ninety (90) days, or both. Any person who by himself, by his agent, or as the agent of another person, commits a violation of this chapter may be assessed by the commissioner, or his designee, an administrative penalty of: Not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for a first violation; Not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for a second violation within twelve (12) months of the first violation; and Not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00) for a third violation within eighteen (18) months from the date of the first violation. Any person subject to an administrative penalty shall have a right to request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The commissioner, or his designee, shall be authorized to conduct the hearing after giving appropriate notice to the respondent. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. The decision of the commissioner or his/her designee shall be subject to appropriate judicial review. If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty within thirty (30) days of the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the commissioner in any court of competent jurisdiction. Any civil penalty collected under this article shall be transmitted to the General Fund. In lieu of, or in addition to, the penalties provided, the commissioner shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of this article and the rules and regulations, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.

Miss. Code Ann. § 75-29-301 Repealed.

Repealed by Laws, 2000, ch. 366, § 1, eff from and after July 1, 2000. § 75-29-301 . [Codes, 1942, § 7129-01; Laws, 1944, ch. 272, § 1, eff from and after Feb. 1, 1945] § 75-29-303 . [Codes, 1942, § 7129-02; Laws, 1944, ch. 272, § 2, eff from and after Feb. 1, 1945] § 75-29-305 . [Codes, 1942, § 7129-03; Laws, 1944, ch. 272, § 3, eff from and after Feb. 1, 1945] § 75-29-307 . [Codes, 1942, § 7129-04; Laws, 1944, ch. 272, § 4, eff from and after Feb. 1, 1945] § 75-29-309 . [Codes, 1942, § 7129-05; Laws, 1944, ch. 272, § 5, eff from and after Feb. 1, 1945] § 75-29-311 . [Codes, 1942, § 7129-06; Laws, 1944, ch. 272, § 6, eff from and after Feb. 1, 1945] § 75-29-313 . [Codes, 1942, § 7129-07; Laws, 1944, ch. 272, § 7, eff from and after Feb. 1, 1945] § 75-29-315 . [Codes, 1942, § 7129-08; Laws, 1944, ch. 272, § 8, eff from and after Feb. 1, 1945] Editor’s Notes — Former § 75-29-301 contained the short title of the article entitled “Degerminated Corn Meal and Grits Law.” Former § 75-29-303 was entitled “Definitions.” Former § 75-29-305 was entitled “Addition of vitamins and other ingredients.” Former § 75-29-307 was entitled “Addition of vitamins and other ingredients; methods.” Former § 75-29-309 was entitled “Labeling requirements.” Former § 75-29-311 was entitled “Enforcement by state health officer; penalty.” Former § 75-29-313 was entitled “Article not applicable in certain cases.” Former § 75-29-315 was entitled “Shortage of ingredients; procedure when.”

Miss. Code Ann. § 75-29-401 Repealed.

Repealed by Laws, 2000, ch. 366, § 2, eff from and after July 1, 2000. § 75-29-401 . [Codes, 1942, § 7129-20; Laws, 1944, ch. 274, § 1, eff from and after Feb. 1, 1945] § 75-29-403 . [Codes, 1942, § 7129-21; Laws, 1944, ch. 274, § 2, eff from and after Feb. 1, 1945] § 75-29-405 . [Codes, 1942, § 7129-22; Laws, 1944, ch. 274, § 3, eff from and after Feb. 1, 1945] § 75-29-407 . [Codes, 1942, § 7129-23; Laws, 1944, ch. 274, § 4, eff from and after Feb. 1, 1945] § 75-29-409 . [Codes, 1942, § 7129-24; Laws, 1944, ch. 274, § 5, eff from and after Feb. 1, 1945] § 75-29-411 . [Codes, 1942, § 7129-25; Laws, 1944, ch. 274, § 6, eff from and after Feb. 1, 1945] § 75-29-413 . [Codes, 1942, § 7129-26; Laws, 1944, ch. 274, § 7, eff from and after Feb. 1, 1945] § 75-29-415 . [Codes, 1942, § 7129-27; Laws, 1944, ch. 274, § 8, eff from and after Feb. 1, 1945] Editor’s Notes — Former § 75-29-401 contained the short title of the article entitled “Flour and Bread Enrichment Law.” Former § 75-29-403 was entitled “Definitions.” Former § 75-29-405 was entitled “Flour; vitamins and other ingredients required.” Former § 75-29-407 was entitled “Bread; vitasmins and other ingredients required.” Former § 75-29-409 was entitled “Bread; manner of enrichment.” Former § 75-29-411 was entitled “Labeling.” Former § 75-29-413 was entitled “Enforcement by state board of health; powers and duties.” Former § 75-29-415 was entitled “Penalty for violation.”

Miss. Code Ann. § 75-29-501 Repealed.

Repealed by Laws, 2000, ch. 366, § 3, eff from and after July 1, 2000. § 75-29-501 . [Codes, 1942, § 7129-40; Laws, 1944, ch. 273, § 1, eff from and after Sept. 1, 1944] § 75-29-503 . [Codes, 1942, § 7129-41; Laws, 1944, ch. 273, § 2, eff from and after Sept. 1, 1944] § 75-29-505 . [Codes, 1942, § 7129-42; Laws, 1944, ch. 273, § 3, eff from and after Sept. 1, 1944] § 75-29-507 . [Codes, 1942, § 7129-43; Laws, 1944, ch. 273, § 4, eff from and after Sept. 1, 1944] § 75-29-509 . [Codes, 1942, § 7129-44; Laws, 1944, ch. 273, § 5, eff from and after Sept. 1, 1944] § 75-29-511 . [Codes, 1942, § 7129-45; Laws, 1944, ch. 273, § 6, eff from and after Sept. 1, 1944] Editor’s Notes — Former § 75-29-501 contained the short title of the article entitled “Oleomargarine Enrichment Law.” Former § 75-29-503 was entitled “Vitamin A; unlawful to sell oleomargarine without.” Former § 75-29-505 was entitled “Specifications for ingredients; changes and additions.” Former § 75-29-507 was entitled “Enforcement by state health officer; penalty for violation.” Former § 75-29-509 was entitled “Shortage of ingredients; procedure when.” Former § 75-29-511 was entitled “Labeling requirements.”

Miss. Code Ann. § 75-29-601 Labeling requirements.

Every container of honey or honey products sold, offered or exposed for sale, by an individual, firm, organization or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint or embossed material on the container itself, plainly printed in the English language truly certifying the net contents of the container, the name, brand, name and address of the person or processor offering such honey or honey products for sale, and a true statement of the contents contained therein. It shall be unlawful for any individual, firm, organization or corporation to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as “pure honey” that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Artificial honey products not of one hundred percent (100%) pure honey shall be labeled in the English language as “artificial honey,” and the word “artificial” shall be as prominently shown as the word “honey,” and a list of the ingredients in the products and a percent by weight of each ingredient shall be shown on the label. It shall be unlawful for any manufacturer or distributor of honey or honey products to use a fictitious name or address on the container label required herein.

Miss. Code Ann. § 75-29-603 Enforcement of article.

The Mississippi Department of Agriculture and Commerce is hereby charged with the responsibility of enforcing this article and the Commissioner of Agriculture and Commerce or his representative shall be furnished samples of honey or honey products from the individual, firm, organization or corporation, upon request, and shall have such products analyzed by the State Chemist. The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any honey or honey products found to be in violation of this article. Upon written notice by the commissioner to the manufacturer or distributor of the honey or honey products sold in violation of this article, such honey or honey products shall be picked up by the manufacturer or distributor of such products and the buyer of the honey or honey products sold in violation of this article shall be refunded the purchase price by the manufacturer or distributor. The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article.

Miss. Code Ann. § 75-29-604 Hearings; process; appeals; civil penalties; informal administrative review under certain circumstances.

When a written complaint is made against a person for violation of this article, or any of the rules or regulations, the commissioner, or his designee, shall conduct a full evidentiary hearing. The complaint shall be in writing and shall be filed in the office of the department. The commissioner shall serve the accused with a copy of the complaint and a summons by any of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. Within thirty (30) days after receipt of the summons and a copy of the complaint, the accused shall file a written answer with the department. Upon receipt of the written answer of the accused, the matter shall be set for hearing before the commissioner within a reasonable time. If the accused fails to file an answer within the thirty (30) days, the commissioner may enter an order by default against the accused. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with the subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded. If the commissioner determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation has occurred, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than Five Thousand Dollars ($5,000.00) for each violation; (b) issue a stop sale order; (c) require the accused to relabel the honey or honey products that he is offering or exposing for sale which is not labeled in accordance with this article; or (d) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey and honey products and apply the proceeds of the sale to the costs and civil penalties levied with the balance to be paid to the accused. The decision of the commissioner, or his designee, shall be in writing, and it shall be delivered to the accused by certified mail. Either the accused or the department may appeal the decision of the commissioner to the circuit court of the county of residence of the accused or, if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant shall have the record transcribed and file it with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to circuit court. If no appeal is perfected within the required time, the decision of the commissioner shall then become final. The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals. When any violation of this article, or the rules and regulations occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department’s field inspectors, and any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties against the accused: (a) issue a stop sale order; (b) require the accused to relabel any honey or honey products that he is offering or exposing for sale and which is not labeled in accordance with this article; or (c) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey or honey products and apply the proceeds of the sale to the cost and any civil penalties levied with the balance to be paid to the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or his designee, who shall act as reviewing officer. If the accused makes a timely request, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within the thirty (30) days, then he will be deemed to have waived his right to the review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer’s decision shall be in writing, and it shall be delivered to the parties by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures in subsection (1) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. The appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right. The Commissioner may publish the names and addresses of anyone who violates this article.

Miss. Code Ann. § 75-29-605 Criminal penalties.

Any person violating the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; and each such violation shall constitute a separate offense.

Miss. Code Ann. § 75-29-607 Records of names and addresses of manufacturers.

Distributors are required to keep records of the names and addresses of the manufacturers whose honey they distribute for a period of three (3) years and to provide such information to the commissioner upon request in order to aid the commissioner in locating the source of adulterated honey.

Miss. Code Ann. § 75-29-701 Repealed.

Repealed by Laws 1983, ch. 414, § 29, eff from and after July 1, 1983. §§ 75-29-701 through 75-29-709 . [En Laws 1979, ch. 483, §§ 1-5] Editor’s Notes — Former § 75-29-701 defined the terms “generic equivalent drug product” and “product selection.” Such definitions are now contained in § 73-21-73(i) and (p), respectively. Former § 75-29-703 provided for the form of prescriptions, including dispensing options. Substantially identical provisions are now contained in § 73-21-115 . Former § 75-29-705 detailed the circumstances when a generic equivalent drug product may be substituted. Identical provisions are now contained in § 73-21-117 . Former § 75-29-707 provided labeling requirements. Identical provisions are now contained in § 73-21-119 . Former § 75-29-709 limited the liability of prescribers and dispensing pharmacists in connection with the substitution of generic equivalent drug products. Identical provisions are now contained in § 73-21-121 .

Miss. Code Ann. § 75-29-801 Sanitary investigations and regulations authorized.

The State Board of Health shall have authority to make such sanitary investigations and prepare such rules and regulations governing the sanitation and labeling of bottled drinking water as it may deem necessary for the protection and improvement of health.

Miss. Code Ann. § 75-29-803 Certification of source or supply.

The State Board of Health shall certify each source or supply of bottled drinking water as meeting equivalent health protection standards as prescribed for drinking water under the Mississippi Safe Drinking Water Law, Section 41-26-1 et seq., Mississippi Code of 1972.

Miss. Code Ann. § 75-29-805 Fees [Repealed effective July 1, 2020].

The board shall assess a fee in the following amount and for the following purpose: Annual bottled drinking water certification fee. . . . .$200.00 Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

Miss. Code Ann. § 75-29-807 Prohibited acts; penalties.

The following acts and the causing thereof are prohibited: Failure by a supplier of bottled drinking water to comply with regulations promulgated pursuant to this article. Any person who willfully violates or fails or refuses to comply with the provisions of this article or any regulation issued thereunder may, in an action brought in the appropriate court be fined not more that One Hundred Dollars ($100.00) for each day in which such violation occurs or failure to comply continues, and for any subsequent offense a fine of not more than Five Hundred Dollars ($500.00) per day.

Miss. Code Ann. § 75-29-809 Power to implement article.

The State Department of Health is authorized and empowered to perform any and all acts necessary to carry out the purposes and requirements of this article.

Miss. Code Ann. § 75-29-851 Donations of food to charitable organizations; waiver of liability.

The State Department of Health is authorized to allow restaurants and food establishments which have a current permit issued by the department to dispose of food that has been frozen or properly preserved for human consumption through donation to charitable facilities, charitable organizations and/or individuals providing charitable services.The executive director of the charitable facility or organization receiving such food, or his authorized designee, shall agree to a waiver of liability in favor of the restaurant or food establishment stating that such donations are being provided in the condition used by the restaurant or food establishment, and without warranty of any nature.

Miss. Code Ann. § 75-29-901 Regulation of consumer incentive items and nutrition labeling for certain foods reserved to legislature; political subdivisions prohibited from certain actions; relation to federal law.

As used in this section: “Food nutrition information” includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, sodium, and allergen content of food. “Food nutrition information” also includes the designation of food as healthy or unhealthy. “Political subdivision” means any county, municipality, town, district, instrumentality of the state, public corporation, body corporate, commission, board, agency, authority, public body, politic or other public entity responsible for governmental activities in geographic areas smaller than that of the state. “Consumer incentive item” means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats, or other premium, prize or consumer product that is associated with a meal served by or acquired from a food service operation. The regulation of consumer incentive items and nutrition labeling for food and nonalcoholic beverages that are menu items in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by legislation of statewide application enacted after March 18, 2013.The regulation of the provision of food nutrition information and consumer incentive items at food service operations and how food service operations are characterized are matters of general statewide interest that require statewide regulation, and rules adopted under this section constitute a comprehensive plan with respect to all aspects of the regulation of the provision of food nutrition information and consumer incentive items at food service operations in this state.Rules adopted under this section shall be applied uniformly throughout this state. No political subdivision shall do any of the following: Enact, adopt or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations; Condition any license, permit or regulatory approval upon the provision or nonprovision of food nutrition information or consumer incentive items at food service operations; Ban, prohibit, or otherwise restrict food at food service operations based upon the food’s nutrition information or upon the provision or nonprovision of consumer incentive items; Condition any license, permit or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities; Where food service operations are permitted to operate, ban, prohibit, or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the department of health, the institute of health, or the centers for disease control. Restrict the sale, distribution, growing, raising or serving of foods and nonalcoholic beverages that are approved for sale by the USDA or other federal or state government agencies. This section shall not be interpreted as being more restrictive than any federal law or affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 343(q)(5)(H).

Miss. Code Ann. § 75-29-951 Regulation of cottage food operations.

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 Twenty Thousand Dollars ($20,000.00). For purposes of this subsection, a cottage food operations 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. A cottage food operation may not sell or offer for sale cottage food products over the Internet, by mail order, or at wholesale or to a retail establishment. Cottage food products are nonpotentially hazardous food products as defined by the department. A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: The name and address of the cottage food operation. The name of the cottage food product. The ingredients of the cottage food product, in descending order of predominance by weight. The net weight or net volume of the cottage food product. Allergen information as specified by federal labeling requirements. If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements. 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.” 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. The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this section or rule adopted under this section. 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. This section does not apply to a person operating under a food permit issued pursuant to Section 41-3-18.