Milk products; exempt owners of certain milk producing animals from regulation when used for personal milk consumption.

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

By: Representative Eubanks

HOUSE BILL NO. 784

AN ACT TO AMEND SECTION 75-31-65, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE CONSTRUCTION OF THE PROVISIONS OF LAW 2
REGULATING MILK AND MILK PRODUCTS SHALL NOT BE DEEMED TO PROHIBIT 3
ANY INDEPENDENT OR PARTIAL OWNER OF ANY GOAT, COW OR SHEEP FROM 4
USING THE MILK FROM SUCH ANIMAL FOR THE OWNER'S PERSONAL 5
CONSUMPTION OR OTHER PERSONAL USE; AND FOR 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 shall be legal if: 39
(a) The milk is sold directly to the consumer on the 40
premises where the milk is produced; 41
(b) No more than nine (9) producing goats are located 42
on the premises where the milk is produced; 43
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(c) The person selling the milk does not advertise the 44
milk for sale; and 45
(d) The following conditions, which apply to the 46
milking of goats involved in legal incidental sales of raw goat 47
milk, are satisfied: 48
(i) The milking takes place in a clean environment 49
on a cement or comparable floor; 50
(ii) The milking place is enclosed by a wall 51
and/or a screen to prevent insects from entering the milking area; 52
(iii) A fly strap is located in the milking area; 53
and 54
(iv) Sterile containers are used in the milking 55
process and for storage. 56
It shall not be unlawful to store raw goat milk in a separate 57
sterile place from pasteurized goat milk. The Cooperative 58
Extension Service at Alcorn State University shall publish and 59
make available literature on the requirements of this subsection, 60
and other related milk-goat maintenance, explaining the 61
recommended care of milk goats and the process of goat milk 62
production and other related subjects. For the purposes of this 63
subsection, the term "incidental sales" means sales from a farm 64
where not more than nine (9) goats are producing milk. 65
(4) For purposes of this section, the term "person" includes 66
an individual, firm, partnership, association or corporation, 67
foreign or domestic. 68
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(5) All fees collected by the board under this section shall 69
be paid into a special fund within the Department of Health to be 70
used by the department to discharge its duties under this section. 71
(6) Any person coming within the provisions of this section 72
who fails to comply with or violates any of the provisions of this 73
section or regulations promulgated thereunder, unless otherwise 74
specifically provided in this section, is guilty of a misdemeanor 75
and, upon conviction, shall be fined not more than One Hundred 76
Dollars ($100.00) or confined in jail for not more than sixty (60) 77
days, or both. 78
(7) Any person who sells or offers for sale adulterated milk 79
or milk products or cream or frozen desserts or any milk or cream 80
having therein any foreign substance or coloring matter or any 81
chemicals or preservatives, whether for the purpose of increasing 82
the quantity of milk or cream or for improving its appearance or 83
for the purpose of preserving the condition of sweetness thereof, 84
or for any other purpose whatsoever, or unpasteurized milk or milk 85
products except as otherwise authorized by law, is guilty of a 86
misdemeanor, and, upon conviction, shall be fined not more than 87
Five Hundred Dollars ($500.00) or confined in jail not more than 88
sixty (60) days, or both; however, nothing in this subsection 89
shall be construed to prevent the addition of vitamins to milk or 90
milk products in accordance with the rules and regulations 91
promulgated by the board or to prohibit the sale of pasteurized 92
milk or cream or frozen desserts except unlawful cream or unlawful 93
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milk products or unlawful frozen desserts as defined in the rules 94
and regulations promulgated by the board. 95
(8) (a) Any person doing business in the State of 96
Mississippi and engaged in the production, manufacture, sale or 97
distribution of any dairy products that, for the purpose of 98
destroying the business of a competitor in any locality or 99
creating a monopoly, discriminates between different sections, 100
localities, communities, cities or towns of the state by selling 101
such commodity at a lower rate or price in one (1) section, 102
locality, community, city or town than such commodity is sold by 103
such person in any other section, locality, community, city or 104
town, after making due allowance for the difference, if any, in 105
the grade or quality and in the actual cost of the transportation 106
from the point of production or purchase, if a raw product, to the 107
place of sale, storage or distribution, is guilty of unfair 108
discrimination, which is prohibited and declared unlawful; 109
however, prices made to meet competition in such section, 110
locality, community, city or town shall not be in violation of 111
this subsection. 112
(b) Any person doing business in the State of 113
Mississippi and engaged in the business of purchasing for 114
manufacture, storage, sale or distribution of any dairy product, 115
that, for the purpose of destroying the business of a competitor 116
or creating a monopoly, discriminates between different sections, 117
localities, communities, cities or towns in the state by 118
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ST: Milk products; exempt owners of certain
milk producing animals from regulation when used
for personal milk consumption.
purchasing such commodity at a higher rate or price in one (1) 119
section, locality, community, city or town than is paid for such 120
commodity by such person in any other section, locality, 121
community, city or town, after making due allowance for the 122
difference, if any, in the grade or quality, and in the actual 123
cost of transportation from the point of purchase to the point of 124
manufacture, sale or distribution or storage, is guilty of unfair 125
discrimination, which is prohibited and declared to be unlawful; 126
however, prices made to meet competition in such locality, 127
section, community, city or town shall not be a violation of this 128
subsection. 129
(c) Any person convicted of a violation of this 130
subsection, shall be fined not less than Five Hundred Dollars 131
($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall 132
be imprisoned in jail not more than twelve (12) months, or both. 133
(9) Nothing in this section shall be construed to apply to 134
any person who does not sell his milk, cream, butter or other 135
products mentioned herein to others. 136
(10) Nothing in this section or any other provision of law 137
shall be construed as prohibiting the independent or partial owner 138
of a cow, goat or sheep from using the milk from such animal in 139
its raw or unadulterated form for the owner's personal consumption 140
or other personal use. 141
SECTION 2. This act shall take effect and be in force from 142
and after July 1, 2026. 143