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To: Marine Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Anderson (122nd), Hale
HOUSE BILL NO. 1466
(As Sent to Governor)
AN ACT TO AMEND SECTION 69-1-55, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE THE LABELING OF SEAFOOD AND CRAWFISH BY ITS COUNTRY OF 2
ORIGIN IN LIEU OF THE DOMESTIC OR IMPORTED DESIGNATION; TO 3
AUTHORIZE FOOD SERVICE ESTABLISHMENTS TO USE A CLEARLY VISIBLE 4
LEGEND ON MENUS IN LIEU OF INDIVIDUALIZED ITEMIZATION; TO EXEMPT 5
SEAFOOD AND CRAWFISH PRODUCTS IN COMPLIANCE WITH THE FEDERAL 6
COUNTY OF ORIGIN LABELING (COOL) REQUIREMENTS FROM THE STATE 7
SEAFOOD-SPECIFIC LABELING REQUIREMENTS; TO REQUIRE GROCERY STORES, 8
SEAFOOD MARKETS AND OTHER RETAIL FOOD ESTABLISHMENTS SELLING FRESH 9
OR UNFROZEN PRODUCTS DIRECTLY TO CONSUMERS TO COMPLY WITH STATE 10
LABELING REQUIREMENTS; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 69-1-55, Mississippi Code of 1972, is 13
amended as follows: 14
69-1-55. (1) It shall be unlawful for any person, firm or 15
corporation, within this state who is a wholesaler, processor, 16
retailer, or food service establishment that sells imported 17
crawfish or seafood to misrepresent to the public, either 18
verbally, on a menu, or on a sign displayed on the premises, that 19
the imported crawfish or seafood is domestic. 20
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(2) For purposes of this section, the following words and 21
phrases shall have the meanings as defined * * * in this 22
subsection unless the context clearly indicates otherwise: 23
(a) "Collective agencies" means the Mississippi 24
Department of Agriculture and Commerce and the Mississippi 25
Department of Marine Resources. 26
(b) "Country of origin" means the country where a 27
seafood or crawfish is derived, hatched, born, raised, harvested 28
and processed. If the seafood or crawfish is derived, hatched, 29
born, raised, harvested or processed in different countries, the 30
term includes each country. 31
(c) "Food service establishment" means any place, 32
vehicle or vessel where food is prepared, stored, held, 33
transported, served or dispensed to consumers and which is 34
regulated by the collective agencies. The term includes any such 35
place regardless of whether the food sold is intended for 36
on-premises or off-premises consumption. 37
(d) "Label" means a display of written, printed or 38
graphic matter upon or affixed to the container in which a seafood 39
or crawfish product is offered for direct retail sale. 40
(e) "Menu" means any listing of food and/or beverage 41
options for a diner or customer to select from regardless of its 42
form. 43
(f) "Person" means any individual, partnership, 44
corporation and association or other legal entity. 45
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(g) "Processor" means any person or entity engaged in 46
handling, storing, preparing, manufacturing, packing or holding 47
seafood or crawfish products. 48
(h) "Retailer" means any person or entity offering for 49
sale seafood or crawfish products to food service establishments 50
and to individual consumers. Retailer includes food service 51
establishments unless otherwise stated herein. 52
(i) "Seafood" means saltwater finfish, crustaceans, 53
molluscan shellfish and other forms of saltwater aquatic animal 54
life where such aquatic animal life is intended for human 55
consumption. The term seafood shall not include catfish as 56
defined in Section 69-7-605. 57
(j) "Wholesaler" means any person or entity offering 58
for sale any seafood or crawfish product destined for direct 59
retail sale. 60
(3) A wholesaler, processor, retailer or food service 61
establishment shall designate a seafood or crawfish as having one 62
(1) of the following designations: 63
(a) "Domestic" if the seafood or crawfish is harvested, 64
hatched or raised in the waters of the United States, a state or a 65
territory of the United States and processed in the United States, 66
a state or a territory of the United States; or 67
(b) "Imported" if the seafood or crawfish is harvested 68
in waters outside of the territorial waters of the United States, 69
a state or a territory outside of the territorial waters of the 70
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United States, or is hatched, raised, harvested and/or processed 71
outside of the United States. If any imported seafood or crawfish 72
product is added to or mixed with domestic product, the seafood or 73
crawfish must then be classified as "imported" product * * *; or 74
(c) As an alternative to "domestic" or "imported," the 75
country of origin of the seafood or crawfish. 76
(4) (a) If the seafood or crawfish originated in a foreign 77
country outside of the territorial waters of the United States, 78
the wholesaler, processor, retailer or food service establishment 79
shall identify the product as "imported" or by its country of 80
origin, as authorized under paragraphs (b) and (c) of subsection 81
(3), on the label, menu, sales display, buffet or any other form 82
of advertisement, in a font that is at least the same size as the 83
name of the seafood or crawfish being sold or promoted. The 84
seafood or crawfish served or provided shall be what is advertised 85
or sold. 86
(b) In lieu of individual itemization on a menu, a food 87
service establishment may use a clearly visible legend. The 88
legend must: 89
(i) Be affixed to or printed on either the cover 90
of the menu or on the same page as the seafood or crawfish items 91
being sold; 92
(ii) Be presented in plain language and in a font 93
size and format that is the same size as the product being sold; 94
and 95
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(iii) Include any other menu considerations. 96
(5) Seafood or crawfish products subject to and in 97
compliance with the federal Country of Origin Labeling (COOL) 98
requirements are exempt from the seafood-specific labeling 99
requirements of this section. Notwithstanding this exemption, 100
grocery stores, seafood markets and other retail food 101
establishments that sell fresh or unfrozen seafood products 102
directly to consumers are required to comply with all applicable 103
seafood labeling requirements established under this section. 104
( * * *6) If a wholesaler, processor, retailer or food 105
service establishment offers for sale only domestic seafood, then 106
the wholesaler, processor, retailer or food service establishment 107
may disclose this in a prominent location on the premises. In the 108
case of a food service establishment, this disclosure may be in 109
lieu of disclosure on the menu. 110
( * * *7) Any individual or entity who supplies seafood or 111
crawfish to a wholesaler, processor, retailer or food service 112
establishment shall maintain a verifiable record-keeping audit 113
trail that permits the collective agencies to verify compliance 114
with this law and any regulations promulgated hereunder. The 115
supplier shall provide documentation to the wholesaler, processor, 116
retailer or food service establishment indicating the country of 117
origin of the seafood or crawfish. 118
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( * * *8) (a) The collective agencies shall regulate 119
wholesalers, processors, retailers and food service establishments 120
under this section. 121
(b) The collective agencies shall adopt rules and 122
regulations in accordance with the Administrative Procedures Act 123
as are necessary to enforce the provisions of this section. 124
(c) The collective agencies shall have authority to 125
enter the premises of any wholesaler, processor, retailer or food 126
service establishment to collect samples of seafood or crawfish 127
for laboratory testing to test for species identification and/or 128
any other testing as may be necessary to determine compliance with 129
this section. 130
( * * *9) (a) Any wholesaler, processor, retailer or food 131
service establishment, who violates or fails or refuses to comply 132
with any provision of this chapter or regulation adopted pursuant 133
to this chapter in relation to seafood or crawfish, may be subject 134
to civil penalties to be assessed and levied by the collective 135
agencies after a finding by the collective agencies that a 136
violation has occurred. Violations pertaining to different types 137
of seafood or crawfish may be charged as separate violations. Any 138
subsequent violations charged after a three (3) day written notice 139
has been provided may be processed as a new violation and a new 140
three (3) day notice period shall not be required. In addition to 141
assessing civil penalties, the collective agencies may suspend or 142
revoke licenses which are subject to their jurisdiction, for any 143
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operation which is subject to the maximum penalty of Ten Thousand 144
Dollars ($10,000.00). Appeals of any action or decision to the 145
collective agencies may be taken as provided in Section 49-15-401 146
et seq. for complaints relating to seafood and as provided in 147
Section 69-7-616 for complaints relating to crawfish. 148
(b) Civil penalties shall be assessed as follows: 149
(i) First Violation. The wholesaler, processor, 150
retailer or food service establishment shall be notified in 151
writing and given three (3) days to correct the violation. No 152
penalties under this act shall apply to any wholesaler, processor, 153
retailer or food service establishment that corrects the first 154
violation within three (3) days from the date of notification. 155
Failure to correct the violation within three (3) days shall 156
result in a violation with a fine in the amount of not less than 157
Five Hundred Dollars ($500.00) or more than One Thousand Dollars 158
($1,000.00); and 159
(ii) Second Violation. Not less than One Thousand 160
Dollars ($1,000.00) or more than Two Thousand Dollars ($2,000.00); 161
and 162
(iii) Third Violation. Not less than Three 163
Thousand Dollars ($3,000.00) or more than Five Thousand Dollars 164
($5,000.00); and 165
(iv) Fourth and Subsequent Violations. Not less 166
than Ten Thousand Dollars ($10,000.00). 167
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(c) Any wholesaler, processor, retailer or food service 168
establishment that knowingly violates any provision of this 169
chapter, rule or regulation, shall be guilty of a misdemeanor and 170
upon conviction, may be subject to a fine of not more than Ten 171
Thousand Dollars ($10,000.00), or by imprisonment in the county 172
jail for not more than six (6) months, or by both. 173
(d) Any wholesaler, processor, retailer or food service 174
establishment that unknowingly violates this section due to a good 175
faith reliance upon the supplier's documentation of the seafood or 176
crawfish's country of origin shall be held harmless against 177
penalties from a violation of this section. 178
(e) Any good faith reliance claim must be supported by 179
the appropriate evidence of the documentation from the supplier. 180
(f) Any person against whom a complaint is made or who 181
has been made subject to a fine or license suspension as provided 182
by this subsection may avail himself of a due process 183
administrative hearing as provided by Section 69-7-616 for 184
complaints related to crawfish and Section 49-15-401 et seq. for 185
complaints related to seafood. 186
(g) All fines and other monies collected pursuant to 187
violations related to seafood under this section shall be 188
distributed to the Mississippi Department of Marine Resources and 189
deposited into the Seafood Fund for promotion of the domestic 190
seafood market and implementation, enforcement and administration 191
of this section. Fines and monies collected pursuant to 192
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ST: Crawfish and seafood; revise certain
provisions relating to labeling requirements.
violations related to crawfish under this section shall be 193
distributed to the Mississippi Department of Agriculture and 194
Commerce for implementation, enforcement and administration of 195
this section. 196
SECTION 2. This act shall take effect and be in force from 197
and after July 1, 2026. 198