Raw milk; authorize individual sales and consumption of.

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

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1594

AN ACT TO AMEND SECTION 75-31-65, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE SALE OF RAW MILK TO INDIVIDUAL CONSUMERS FOR 2
CONSUMPTION; TO PROVIDE FOR CERTAIN LABELING REQUIREMENTS FOR 3
SALES OF RAW MILK; TO BRING FORWARD SECTION 75-29-951, MISSISSIPPI 4
CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 75-31-65, Mississippi Code of 1972, is 8
amended as follows: 9
75-31-65. (1) The State Board of Health shall: 10
(a) Exercise general supervision over the production, 11
processing and sale of milk and milk products and the processing 12
and sale of frozen desserts. 13
(b) Adopt, modify, repeal and promulgate rules and 14
regulations, after due notice and hearing, and, where not 15
otherwise prohibited by federal law or state law, make exceptions 16
to, grant exemptions from and enforce rules and regulations 17
implementing or effectuating the duties of the board under this 18
section to protect the public health. 19
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(c) Use the most current edition of the Pasteurized 20
Milk Ordinance, or its successor, as the basis for regulation of 21
Grade "A" milk and milk products. Unless as otherwise provided by 22
law, the board, in its discretion, may amend, modify or make 23
additions to the Pasteurized Milk Ordinance if the board 24
determines that such amendment, modification or addition is in the 25
best interest of public health. 26
(2) The board shall assess fees in the following amount and 27
for the following purpose: 28
Milk product processing plant annual permit fee............ $300.00 29
Frozen dessert processing plant annual permit fee.......... $300.00 30
Any increase in the fees charged by the board under this 31
subsection shall be in accordance with the provisions of Section 32
41-3-65. 33
The fees authorized under this subsection shall not be 34
assessed for milk or frozen dessert processing plants operated by 35
public schools, by public junior colleges or by state agencies or 36
institutions, including, without limitation, the state 37
institutions of higher learning. 38
(3) Incidental sales of raw goat milk and other raw milk 39
sales shall be legal if: 40
(a) The milk is sold directly to the consumer on the 41
premises where the milk is produced for consumption by the 42
consumer and not for resale; 43
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(b) * * * For raw goat milk, not more than nine (9) 44
producing goats are located on the premises where the milk is 45
produced; however, there is no restriction on the number of cows 46
that may be located on the premises where raw cow milk is 47
produced; 48
(c) The person selling the milk does not advertise the 49
milk for sale and includes a label on the raw milk product 50
informing the consumer that raw milk and products derived from raw 51
milk are unprocessed, unpasteurized and unhomogenized; and 52
(d) The following conditions, which apply to the 53
milking of goats and other animals involved in legal incidental 54
sales of raw goat milk and other raw milk, are satisfied: 55
(i) The milking takes place in a clean environment 56
on a cement or comparable floor; 57
(ii) The milking place is enclosed by a wall 58
and/or a screen to prevent insects from entering the milking area; 59
(iii) A fly strap is located in the milking area; 60
and 61
(iv) Sterile containers are used in the milking 62
process and for storage. 63
It shall not be unlawful to store raw goat milk and other raw 64
milk in a separate sterile place from pasteurized goat milk and 65
other pasteurized milk. The Cooperative Extension Service at 66
Alcorn State University shall publish and make available 67
literature on the requirements of this subsection, and other 68
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related milk-goat maintenance, explaining the recommended care of 69
milk goats and the process of goat milk production and other 70
related subjects. For the purposes of this subsection, the term 71
"incidental sales" means sales from a farm where not more than 72
nine (9) goats are producing milk. 73
(4) For purposes of this section, the term "person" includes 74
an individual, firm, partnership, association or corporation, 75
foreign or domestic. 76
(5) All fees collected by the board under this section shall 77
be paid into a special fund within the Department of Health to be 78
used by the department to discharge its duties under this section. 79
(6) Any person coming within the provisions of this section 80
who fails to comply with or violates any of the provisions of this 81
section or regulations promulgated thereunder, unless otherwise 82
specifically provided in this section, is guilty of a misdemeanor 83
and, upon conviction, shall be fined not more than One Hundred 84
Dollars ($100.00) or confined in jail for not more than sixty (60) 85
days, or both. 86
(7) Any person who sells or offers for sale adulterated milk 87
or milk products or cream or frozen desserts or any milk or cream 88
having therein any foreign substance or coloring matter or any 89
chemicals or preservatives, whether for the purpose of increasing 90
the quantity of milk or cream or for improving its appearance or 91
for the purpose of preserving the condition of sweetness thereof, 92
or for any other purpose whatsoever, or unpasteurized milk or milk 93
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products except as otherwise authorized by law and under 94
subsection (3) of this section, is guilty of a misdemeanor, and, 95
upon conviction, shall be fined not more than Five Hundred Dollars 96
($500.00) or confined in jail not more than sixty (60) days, or 97
both; however, nothing in this subsection shall be construed to 98
prevent the addition of vitamins to milk or milk products in 99
accordance with the rules and regulations promulgated by the board 100
or to prohibit the sale of pasteurized milk or cream or frozen 101
desserts except unlawful cream or unlawful milk products or 102
unlawful frozen desserts as defined in the rules and regulations 103
promulgated by the board. 104
(8) (a) Any person doing business in the State of 105
Mississippi and engaged in the production, manufacture, sale or 106
distribution of any dairy products that, for the purpose of 107
destroying the business of a competitor in any locality or 108
creating a monopoly, discriminates between different sections, 109
localities, communities, cities or towns of the state by selling 110
such commodity at a lower rate or price in one (1) section, 111
locality, community, city or town than such commodity is sold by 112
such person in any other section, locality, community, city or 113
town, after making due allowance for the difference, if any, in 114
the grade or quality and in the actual cost of the transportation 115
from the point of production or purchase, if a raw product, to the 116
place of sale, storage or distribution, is guilty of unfair 117
discrimination, which is prohibited and declared unlawful; 118
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however, prices made to meet competition in such section, 119
locality, community, city or town shall not be in violation of 120
this subsection. 121
(b) Any person doing business in the State of 122
Mississippi and engaged in the business of purchasing for 123
manufacture, storage, sale or distribution of any dairy product, 124
that, for the purpose of destroying the business of a competitor 125
or creating a monopoly, discriminates between different sections, 126
localities, communities, cities or towns in the state by 127
purchasing such commodity at a higher rate or price in one (1) 128
section, locality, community, city or town than is paid for such 129
commodity by such person in any other section, locality, 130
community, city or town, after making due allowance for the 131
difference, if any, in the grade or quality, and in the actual 132
cost of transportation from the point of purchase to the point of 133
manufacture, sale or distribution or storage, is guilty of unfair 134
discrimination, which is prohibited and declared to be unlawful; 135
however, prices made to meet competition in such locality, 136
section, community, city or town shall not be a violation of this 137
subsection. 138
(c) Any person convicted of a violation of this 139
subsection, shall be fined not less than Five Hundred Dollars 140
($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall 141
be imprisoned in jail not more than twelve (12) months, or both. 142
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(9) Nothing in this section shall be construed to apply to 143
any person who does not sell his or her milk, cream, butter or 144
other products mentioned herein to others. 145
SECTION 2. Section 75-29-951, Mississippi Code of 1972, is 146
brought forward as follows: 147
75-29-951. (1) (a) A cottage food operation must comply 148
with the applicable requirements of this section but is exempt 149
from the permitting requirements of Section 41-3-18 if the cottage 150
food operation complies with this section and has annual gross 151
sales of cottage food products that do not exceed Thirty-five 152
Thousand Dollars ($35,000.00). 153
(b) For purposes of this subsection, a cottage food 154
operation's annual gross sales include all sales of cottage food 155
products at any location, regardless of the types of products sold 156
or the number of persons involved in the operation. A cottage 157
food operation must provide the department, upon request, with 158
written documentation to verify the operation's annual gross 159
sales. 160
(2) A cottage food operation may not sell cottage food 161
products over the Internet, by mail order, or at wholesale or to a 162
retail establishment; however, this does not prohibit the 163
advertising of cottage food products over the Internet, including 164
through social media. Cottage food products are nonpotentially 165
hazardous food products as defined by the department. 166
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(3) A cottage food operation may only sell cottage food 167
products which are prepackaged with a label affixed that contains 168
the following information: 169
(a) The name and address of the cottage food operation; 170
(b) The name of the cottage food product; 171
(c) The ingredients of the cottage food product, in 172
descending order of predominance by weight; 173
(d) The net weight or net volume of the cottage food 174
product; 175
(e) Allergen information as specified by federal 176
labeling requirements; 177
(f) Appropriate nutritional information as specified by 178
federal labeling requirements, if any nutritional claim is made; 179
and 180
(g) The following statement printed in at least 181
ten-point type in a color that provides a clear contrast to the 182
background of the label: "Made in a cottage food operation that 183
is not subject to Mississippi's food safety regulations." 184
(4) This section does not exempt a cottage food operation 185
from any federal tax law, rule, regulation, or certificate that 186
applies to all cottage food operations. 187
(5) (a) The department may investigate any complaint that 188
alleges that a cottage food operation has violated an applicable 189
provision of this section or rule adopted under this section. 190
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ST: Raw milk; authorize individual sales and
consumption of.
(b) Only upon receipt of a complaint, the department's 191
authorized officer or employee may enter and inspect the premises 192
of a cottage food operation to determine compliance with this 193
section and department rules. A cottage food operation's refusal 194
to permit the department's authorized officer or employee entry to 195
the premises or to conduct the inspection is grounds for 196
disciplinary action pursuant to Section 4l-3-59. 197
(6) This section does not apply to a person operating under 198
a food permit issued pursuant to Section 41-3-18. 199
SECTION 3. This act shall take effect and be in force from 200
and after July 1, 2026. 201