Bill Text: MS SB2516 | 2013 | Regular Session | Introduced
Bill Title: Agriculture; create Mississippi Food Freedom Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2516 Detail]
Download: Mississippi-2013-SB2516-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Agriculture
By: Senator(s) McDaniel
Senate Bill 2516
AN ACT TO CREATE THE MISSISSIPPI FOOD FREEDOM ACT; TO ENSURE THE FREEDOM TO SELL HOMEMADE FOODS; TO GUARANTEE THE ACCESSIBILITY TO FARMERS' MARKETS, ROADSIDE STANDS, FARM BASED SALES AND PRODUCE TO END CONSUMER AGRICULTURAL SALES; TO PROHIBIT THE LICENSING OF SUCH ACTIVITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act is known and may be cited as the "Mississippi Food Freedom Act."
SECTION 2. As used in this act:
(a) "Agent" means a person who conducts commerce on behalf of a producer or a processor.
(b) "Agri-tourism" means a style of vacation that normally takes place on a farm or ranch and includes any farm or ranch that is open to the public at least part of the year. Agri-tourism may include the opportunity to participate in agricultural tasks, including harvesting fruits and vegetables, riding horses, tasting honey, corn mazes, and shopping in farm or ranch gift shops and farm stands for local and regional agricultural produce or hand-crafted gifts.
(c) "End consumer" means a person who is the
last person to purchase any product or preparation and who
does not resell the product or preparation.
(d) "Home consumption" means consumed within a
private home.
(e) "Processor" means any person who processes
or prepares products of the soil or animals for food or
drink.
(f) "Producer" means any person who harvests
any product of the soil or animals for food or drink.
(g) "Traditional community social event" means
an event where people gather as part of a community for the
benefit of those gathering or for the community, including
but not limited to a:
(i) Wedding;
(ii) Funeral;
(iii) Church or religious social;
(iv) School event;
(v) Potluck or progressive suppers;
(vi) Neighborhood gathering or block party;
(vii) Civic or youth club meetings or socials;
(h) "Transaction" means the exchange of buying and selling.
SECTION 3. (1) The purpose of the Mississippi Food Freedom Act is to allow for traditional community social events involving the sale and consumption of home made foods and to encourage the expansion and accessibility of farmers' markets, roadside stands, ranch, farm and home based sales and producer to end consumer agricultural sales by:
(a) Promoting the purchase and consumption of fresh and local agricultural products;
(b) Enhancing the agricultural economy;
(c) Encouraging agri-tourism opportunities in
Mississippi;
(d) Providing Mississippi citizens with unimpeded
access to healthy food from known sources; and
(e) Encouraging the expansion and accessibility
of farmers' markets, roadside stands, ranch and farm based
sales and direct producer to end consumer agricultural
sales.
(2) Any producer or processor who is selling his
product only at farmers' markets, roadside stands or by
ranch, farm and home based sales directly to the end
consumer is exempt from licensing.
(3) Notwithstanding any other provision of law, there
shall be no licensure, certification or inspection by any
state governmental agency or any agency of any political
subdivision of the state provided there is only one (1)
transaction between the producer, the processor, the producer's agent or the processor's agent and the end consumer when the food is for home consumption or the food is prepared for a traditional community social event.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
