Cottage food operations; increase cap annual gross income to $200,000.00.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1108

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, 1
TO INCREASE THE CAP ON THE ANNUAL GROSS SALES OF COTTAGE FOODS TO 2
$200,000.00; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 75-29-951, Mississippi Code of 1972, is 5
amended as follows: 6
75-29-951. (1) (a) A cottage food operation must comply 7
with the applicable requirements of this section but is exempt 8
from the permitting requirements of Section 41-3-18 if the cottage 9
food operation complies with this section and has annual gross 10
sales of cottage food products that do not exceed * * * Two 11
Hundred Thousand Dollars ($200,000.00). 12
(b) For purposes of this subsection, a cottage food 13
operation's annual gross sales include all sales of cottage food 14
products at any location, regardless of the types of products sold 15
or the number of persons involved in the operation. A cottage 16
food operation must provide the department, upon request, with 17
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written documentation to verify the operation's annual gross 18
sales. 19
(2) A cottage food operation may not sell cottage food 20
products over the Internet, by mail order, or at wholesale or to a 21
retail establishment; however, this does not prohibit the 22
advertising of cottage food products over the Internet, including 23
through social media. Cottage food products are nonpotentially 24
hazardous food products as defined by the department. 25
(3) A cottage food operation may only sell cottage food 26
products which are prepackaged with a label affixed that contains 27
the following information: 28
(a) The name and address of the cottage food operation; 29
(b) The name of the cottage food product; 30
(c) The ingredients of the cottage food product, in 31
descending order of predominance by weight; 32
(d) The net weight or net volume of the cottage food 33
product; 34
(e) Allergen information as specified by federal 35
labeling requirements; 36
(f) Appropriate nutritional information as specified by 37
federal labeling requirements, if any nutritional claim is made; 38
and 39
(g) The following statement printed in at least 40
ten-point type in a color that provides a clear contrast to the 41
H. B. No. 1108 *HR26/R1938* ~ OFFICIAL ~
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ST: Cottage food operations; increase cap
annual gross income to $200,000.00.
background of the label: "Made in a cottage food operation that 42
is not subject to Mississippi's food safety regulations." 43
(4) This section does not exempt a cottage food operation 44
from any federal tax law, rule, regulation, or certificate that 45
applies to all cottage food operations. 46
(5) (a) The department may investigate any complaint that 47
alleges that a cottage food operation has violated an applicable 48
provision of this section or rule adopted under this section. 49
(b) Only upon receipt of a complaint, the department's 50
authorized officer or employee may enter and inspect the premises 51
of a cottage food operation to determine compliance with this 52
section and department rules. A cottage food operation's refusal 53
to permit the department's authorized officer or employee entry to 54
the premises or to conduct the inspection is grounds for 55
disciplinary action pursuant to Section 41-3-59. 56
(6) This section does not apply to a person operating under 57
a food permit issued pursuant to Section 41-3-18. 58
SECTION 2. This act shall take effect and be in force from 59
and after July 1, 2026. 60