Bill Text: MS HB910 | 2026 | Regular Session | Engrossed
Bill Title: Cottage food operation; remove annual gross sales cap and allow online sales of products directly to consumers in the state.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2026-03-03 - Died In Committee [HB910 Detail]
Download: Mississippi-2026-HB910-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representatives Sanford, Eubanks
House Bill 910
(As Passed the House)
AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, TO REMOVE THE CAP ON THE ANNUAL GROSS SALES ALLOWED; TO AUTHORIZE SALES TO BE MADE ONLINE BY MAIL ORDER, AT WHOLESALE, THIRD-PARTY RETAIL ESTABLISHMENTS OR THROUGH AN AGENT OF THE PRODUCER OF THE COTTAGE FOOTAGE, WHICH ARE DELIVERED DIRECTLY TO CONSUMERS IN THE STATE; 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) * * * 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 * * *.
* * *
(2) A cottage food
operation may * * *
sell cottage food products over the Internet, by mail order, * * * at wholesale * * *, to a third-party retail
establishment * * *,
or through an agent of the producer of the cottage food, which
are delivered directly to consumers in the state. * * *
Cottage food products may be advertised over the Internet, including
through social media. Cottage food products are nonpotentially hazardous food
products as defined by the department, which do not require time or
temperature control for safety to limit pathogenic microorganism growth or
toxin formation.
(3) 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;
(c) The ingredients of the cottage food product, in descending order of predominance by weight;
(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."
(4) 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.
(5) (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.
(6) 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, 2026.
