Crawfish and seafood labeling; authorize enforcing agencies to receive and investigate complaints of noncompliance from any person.

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To: Marine Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 661

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