Mississippi On-Farm Sales and Food Freedom Act; create.

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To: Agriculture; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Eubanks

HOUSE BILL NO. 785

AN ACT TO CREATE THE MISSISSIPPI ON-FARM SALES AND FOOD 1
FREEDOM ACT; TO DEFINE CERTAIN TERMS; TO PROHIBIT ANY COUNTY, 2
MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THIS STATE FROM 3
REGULATING CERTAIN PRACTICES INVOLVED IN THE PRODUCTION OF 4
AGRICULTURAL OR FARM PRODUCTS ON ANY PRIVATE PROPERTY; TO PROHIBIT 5
ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION FROM 6
RESTRICTING THE RETAIL SALE OR DISTRIBUTION OF UNPROCESSED 7
AGRICULTURAL OR FARM PRODUCTS GROWN OR RAISED IN THIS STATE 8
DIRECTLY FROM THE PRODUCER TO THE CONSUMER; TO PROHIBIT ANY 9
COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION FROM REQUIRING 10
ANY PERMIT FOR THE GROWING OR RAISING OF AGRICULTURAL PRODUCTS ON 11
CERTAIN PROPERTIES WHEN THOSE PRODUCTS ARE USED FOR NONCOMMERCIAL 12
PURPOSES; TO CLARIFY THAT THIS ACT MAY NOT BE CONSTRUED TO GIVE 13
INDIVIDUAL RIGHTS THAT SUPERSEDE ANY LOCAL ZONING ORDINANCE OR 14
NUISANCE LAW; TO REQUIRE AGRICULTURAL OR FARM PRODUCTS SOLD UNDER 15
THIS ACT TO BE CLEARLY MARKED AND LABELED WITH A "BUYERS BEWARE" 16
LABEL OUTLINING THE INHERENT RISK ASSOCIATED WITH CONSUMING 17
UNPROCESSED PRODUCTS; TO AMEND SECTION 75-31-65, MISSISSIPPI CODE 18
OF 1972, TO REVISE THE PROVISIONS RELATING TO THE INCIDENTAL SALES 19
OF RAW GOAT MILK OR RAW MILK PRODUCTS TO INCLUDE MILK PRODUCED 20
FROM COWS; TO AMEND SECTION 69-3-11, MISSISSIPPI CODE OF 1972, IN 21
CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Sections 1 through 6 of this act shall be known 24
and may be cited as the "Mississippi On-Farm Sales and Food 25
Freedom Act." 26
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SECTION 2. As used in Sections 1 through 6 of this act, the 27
following words and phrases have the meanings as defined in this 28
section unless the context clearly requires otherwise: 29
(a) "Agricultural product" means any food product grown 30
on Mississippi farms or gardens and includes, but is not limited 31
to, fruits, vegetables, grains, nuts and all annual or perennial 32
plants, trees and shrubs grown in Mississippi, as well as all 33
animal and animal related bi-products, including meat, poultry, 34
eggs, milk and cheese, which are raised, harvested or produced in 35
Mississippi. The term "agricultural product" does not include any 36
item considered to be an illegal base, derivative, drug or 37
narcotic. 38
(b) "Buyer beware label" means a statement clearly 39
affixed to the container or packaging of agricultural or farm 40
products which informs the purchaser or consumer of potential 41
risks associated with the consumption of products in their 42
natural, raw or unprocessed form. 43
(c) "Crops" means fruits and products of all annual or 44
perennial plants, trees and shrubs. 45
(d) "Milk goat" means a doe kept for the purpose of 46
producing milk and any unweaned kid goats. 47
(e) "On-farm sales" means the sale, purchase, barter or 48
trade of agricultural or farm products within the State of 49
Mississippi by and for Mississippi residents on the actual 50
grower's or producer's property, at farmers' markets by the actual 51
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grower or producer, or any other arm's length transaction by the 52
grower or producer which results in the delivery of the 53
agricultural or farm products directly to the consumer. The term 54
"on-farm sales" does not include the commercial production of 55
agricultural or farm products grown, produced or processed for 56
wholesale or mass distribution for third parties. 57
(f) "Raw milk" means milk that has not been 58
pasteurized. 59
(g) "Resident" means any person domiciled in the State 60
of Mississippi and any other person who maintains a legal or 61
actual residence within the state. 62
(h) "Unprocessed" means agricultural or farm products 63
that have not been canned, cooked, fermented, distilled, 64
preserved, ground, crushed or slaughtered. 65
SECTION 3. (1) (a) A county, municipality or other 66
political subdivision of this state shall not adopt or enforce any 67
ordinance, rule, regulation or resolution regulating crop 68
management or animal husbandry practices involved in the 69
production of agricultural or farm products on any private 70
property. 71
(b) A county, municipality or other political 72
subdivision of this state shall not adopt or enforce any 73
ordinance, rule, regulation or resolution that prohibits or 74
regulates the retail sale or distribution of processed or 75
unprocessed agricultural or farm products grown or raised in this 76
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state directly from the producer to the consumer as food for human 77
consumption or seed for replanting. 78
(2) Subsection (1) of this section may not be interpreted to 79
impair the power of any county or municipal governing authority or 80
other political subdivision to adopt or enforce any zoning 81
ordinance or make any other zoning decision or to authorize any 82
individual to supersede any local zoning ordinance. 83
(3) Subsection (1) of this section may not be interpreted to 84
impair the power of a county or municipal governing authority or 85
other political subdivision to adopt or enforce any ordinance, 86
rule, regulation or resolution regulating land application of 87
human waste. 88
SECTION 4. (1) Sections 1 through 6 of this act and any 89
rule or regulation adopted under the authority provided in the act 90
does not prohibit or regulate the retail sale or distribution of 91
unprocessed agricultural or farm products grown or raised in this 92
state directly from the producer to the consumer as food for human 93
consumption or seeds for replanting. 94
(2) The seeds produced from crops grown in this state must 95
remain the sole property of the producer, which may be stored and 96
preserved for replanting or sold without penalty. 97
SECTION 5. (1) A county, municipality or other political 98
subdivision of this state shall not prohibit or require any permit 99
for the growing or raising of food crops or chickens, rabbits or 100
milk goats in: 101
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(a) Home gardens, coops, or pens on private residential 102
property so long as the food crops or animals or the products 103
thereof are used for human consumption by the occupant of the 104
property and members of his or her household and not for 105
commercial purposes; or 106
(b) Community or cooperative gardens, coops or pens on 107
any portion of any private lot made available for such purposes by 108
the occupant of the lot so long as the total lot size is not more 109
than two and three-fourths (2-3/4) acres and the food crops or 110
animals or the products thereof are used for human consumption by 111
the growers and raisers and members of their households and not 112
for commercial purposes. However, the slaughter of goats kept 113
under the authority of this section is prohibited. 114
(2) This section does not prohibit or impair: 115
(a) The authority of a local governmental entity to 116
abate a public nuisance; 117
(b) Any cause of action brought by a private citizen to 118
abate a private nuisance under Section 97-44-15; or 119
(c) Any private covenant or other private agreement 120
restricting the use of real property. 121
(3) This act may not be construed to give individual rights 122
that supersede any local zoning ordinance or nuisance law. 123
SECTION 6. (1) Agricultural and farm products sold under 124
this act must be marked and labeled clearly with a warning in the 125
form of a "Buyers Beware" label outlining the inherent risk 126
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associated with consuming unprocessed products. In each case, the 127
label statement must appear in a conspicuous and easily legible 128
bold-faced print or type in distinct contrast to other matters on 129
the package. The label statement must appear as a distinct item 130
on the principal display panel in letters in a type size 131
established in relationship to the area of the principal display 132
panel of the package. The label must be uniform for all packages 133
of substantially the same size and must comply with the following 134
type specifications: 135
(a) Not less than one-eighth (1/8) inch in height on 136
packages that have a principal display panel that is twenty-five 137
(25) square inches or less; 138
(b) Not less than three-sixteenths (3/16) inch in 139
height on packages that have a principal display panel that is 140
more than twenty-five (25) but not more than one hundred (100) 141
square inches; 142
(c) Not less than one-fourth (1/4) inch in height on 143
packages that have a principal display panel that is more than one 144
hundred (100) square inches but not more than four hundred (400) 145
square inches; or 146
(d) Not less than one-half (1/2) inch in height on 147
packages that have a principal display panel that is more than 148
four hundred (400) square inches. 149
(2) The "Buyers Beware" label must contain the following 150
notice of warning: 151
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"BUYERS BEWARE 152
The consumption of fruit, vegetable, grain, nut and 153
animal bi-products that have not been irradiated, 154
processed, pasteurized, homogenized or the like carry 155
with it certain inherent health risks. Consume at your 156
own risk." 157
(3) Raw milk or cream or cottage cheese, butter, buttermilk, 158
kefir or cheeses made from raw milk or cream must be displayed for 159
sale separately from, and may not be commingled with, pasteurized 160
dairy products. The display must be marked prominently "raw milk" 161
or "raw milk products" on the principal display panel of the 162
label. Any person who sells raw milk or raw milk products in 163
violation of this section or who causes any raw milk or raw milk 164
products to be introduced into interstate commerce by selling such 165
products across state lines as prohibited under the Food, Drug, 166
and Cosmetic Act (FDCA)(21 USCS Section 331), as regulated by 21 167
CFR Section 1240.61, will be punished as provided for under 21 168
USCS Section 333(a)(1). 169
(4) (a) All sales, purchases, barter or trade exchanges of 170
agricultural and farm products may occur only within the 171
boundaries of the state and only between residents of the state, 172
with the understanding that the products will be consumed within 173
the state. 174
(b) All transactions for agricultural and farm products 175
under this act must be by and for Mississippi residents and may 176
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occur only on the actual grower's or producer's property, at 177
farmers' markets by the actual grower or producer, or by any other 178
arm's length transaction by the grower or producer that results in 179
the delivery of the agricultural or farm products directly to the 180
consumer within the State of Mississippi. 181
SECTION 7. Section 75-31-65, Mississippi Code of 1972, is 182
amended as follows: 183
75-31-65. (1) The State Board of Health shall: 184
(a) Exercise general supervision over the production, 185
processing and sale of milk and milk products and the processing 186
and sale of frozen desserts * * *; 187
(b) Adopt, modify, repeal and promulgate rules and 188
regulations, after due notice and hearing, and, where not 189
otherwise prohibited by federal law or state law, make exceptions 190
to, grant exemptions from and enforce rules and regulations 191
implementing or effectuating the duties of the board under this 192
section to protect the public health * * *; and 193
(c) Use the most current edition of the Pasteurized 194
Milk Ordinance, or its successor, as the basis for regulation of 195
Grade "A" milk and milk products. Unless as otherwise provided by 196
law, the board, in its discretion, may amend, modify or make 197
additions to the Pasteurized Milk Ordinance if the board 198
determines that such amendment, modification or addition is in the 199
best interest of public health. 200
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(2) The board shall assess fees in the following amount and 201
for the following purpose: 202
Milk product processing plant annual permit fee............$300.00 203
Frozen dessert processing plant annual permit fee..........$300.00 204
Any increase in the fees charged by the board under this 205
subsection shall be in accordance with the provisions of Section 206
41-3-65. 207
The fees authorized under this subsection shall not be 208
assessed for milk or frozen dessert processing plants operated by 209
public schools, by public junior colleges or by state agencies or 210
institutions, including, without limitation, the state 211
institutions of higher learning. 212
(3) Incidental sales of raw * * * milk shall be legal if: 213
(a) The milk is sold directly to the consumer on the 214
premises where the milk is produced or at a farmer's market in an 215
on-farm sales transaction as defined in Section 2(e) of this act; 216
(b) No more than nine (9) producing goats are located 217
on the premises where the milk is produced; however, there is no 218
restriction on the number of cows that may be located on the 219
premises where cow milk is produced for incidental on-farm sales; 220
(c) The person selling the raw milk does not advertise 221
the milk for sale and provides adequate notice to potential 222
consumers of the inherent risks associated with the consumption of 223
unprocessed products, as required under Section 6 of this act; and 224
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(d) The following conditions, which apply to the 225
milking of goats and cows involved in legal incidental sales of 226
raw goat milk, are satisfied: 227
(i) The milking takes place in a clean environment 228
on a cement or comparable floor; 229
(ii) The milking place is enclosed by a wall 230
and/or a screen to prevent insects from entering the milking area; 231
(iii) A fly strap is located in the milking area; 232
and 233
(iv) Sterile containers are used in the milking 234
process and for storage. 235
It shall not be unlawful to store raw goat or cow milk in a 236
separate sterile place from pasteurized goat or cow milk. The 237
Cooperative Extension Service at Alcorn State University shall 238
publish and make available literature on the requirements of this 239
subsection, and other related milk * * * maintenance, explaining 240
the recommended care of milk goats and cows, the process of goat 241
and cow milk production and other related subjects. For the 242
purposes of this subsection, the term "incidental sales" means 243
sales from a farm where not more than nine (9) goats are producing 244
milk or at a farmer's market, or, in the case of cows, in an 245
on-farm sales transaction as defined in Section 2(e) of this act. 246
(4) For purposes of this section, the term "person" includes 247
an individual, firm, partnership, association or corporation, 248
foreign or domestic; however, as used in subsection (3) of this 249
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section, the term "person" only means an individual acting in his 250
or her independent capacity for the incidental sale, purchase or 251
on-farm sale if raw milk for personal consumption and who is not 252
acting as an agent of any firm, partnership, association or 253
corporation, foreign or domestic. 254
(5) All fees collected by the board under this section shall 255
be paid into a special fund within the Department of Health to be 256
used by the department to discharge its duties under this section. 257
(6) Any person coming within the provisions of this section 258
who fails to comply with or violates any of the provisions of this 259
section or regulations promulgated thereunder, unless otherwise 260
specifically provided in this section, is guilty of a misdemeanor 261
and, upon conviction, shall be fined not more than One Hundred 262
Dollars ($100.00) or confined in jail for not more than sixty (60) 263
days, or both. 264
(7) Any person who sells or offers for sale adulterated milk 265
or milk products or cream or frozen desserts or any milk or cream 266
having therein any foreign substance or coloring matter or any 267
chemicals or preservatives, whether for the purpose of increasing 268
the quantity of milk or cream or for improving its appearance or 269
for the purpose of preserving the condition of sweetness thereof, 270
or for any other purpose whatsoever, or unpasteurized milk or milk 271
products except as otherwise authorized by law, is guilty of a 272
misdemeanor, and, upon conviction, shall be fined not more than 273
Five Hundred Dollars ($500.00) or confined in jail not more than 274
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sixty (60) days, or both; however, nothing in this subsection 275
shall be construed to prevent the addition of vitamins to milk or 276
milk products in accordance with the rules and regulations 277
promulgated by the board or to prohibit the sale of pasteurized 278
milk or cream or frozen desserts except unlawful cream or unlawful 279
milk products or unlawful frozen desserts as defined in the rules 280
and regulations promulgated by the board. 281
(8) (a) Any person doing business in the State of 282
Mississippi and engaged in the production, manufacture, sale or 283
distribution of any dairy products that, for the purpose of 284
destroying the business of a competitor in any locality or 285
creating a monopoly, discriminates between different sections, 286
localities, communities, cities or towns of the state by selling 287
such commodity at a lower rate or price in one (1) section, 288
locality, community, city or town than such commodity is sold by 289
such person in any other section, locality, community, city or 290
town, after making due allowance for the difference, if any, in 291
the grade or quality and in the actual cost of the transportation 292
from the point of production or purchase, if a raw product, to the 293
place of sale, storage or distribution, is guilty of unfair 294
discrimination, which is prohibited and declared unlawful; 295
however, prices made to meet competition in such section, 296
locality, community, city or town shall not be in violation of 297
this subsection. 298
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(b) Any person doing business in the State of 299
Mississippi and engaged in the business of purchasing for 300
manufacture, storage, sale or distribution of any dairy product, 301
that, for the purpose of destroying the business of a competitor 302
or creating a monopoly, discriminates between different sections, 303
localities, communities, cities or towns in the state by 304
purchasing such commodity at a higher rate or price in one (1) 305
section, locality, community, city or town than is paid for such 306
commodity by such person in any other section, locality, 307
community, city or town, after making due allowance for the 308
difference, if any, in the grade or quality, and in the actual 309
cost of transportation from the point of purchase to the point of 310
manufacture, sale or distribution or storage, is guilty of unfair 311
discrimination, which is prohibited and declared to be unlawful; 312
however, prices made to meet competition in such locality, 313
section, community, city or town shall not be a violation of this 314
subsection. 315
(c) Any person convicted of a violation of this 316
subsection, shall be fined not less than Five Hundred Dollars 317
($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall 318
be imprisoned in jail not more than twelve (12) months, or both. 319
(9) Nothing in this section shall be construed to apply to 320
any person who does not sell his milk, cream, butter or other 321
products mentioned herein to others. 322
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SECTION 8. Section 69-3-11, Mississippi Code of 1972, is 323
amended as follows: 324
69-3-11. Agricultural seed or mixtures of same, vegetable 325
seed, flower seed, and tree and shrub seed shall be exempt from 326
provisions of this article: 327
(1) When sold and delivered by a farmer-grower of this 328
state on his own premises or any individual authorized under 329
Sections 1 through 6 of this act, but a farmer-grower or other 330
authorized individual is required to label seed when sold and 331
shipped away from his premises, but is not required to hold the 332
seedsman's permit. These provisions do not apply to commercial 333
growers of seed. 334
(2) When sold or represented to be sold for purposes 335
other than seeding, providing that the vendor shall make it 336
unmistakably clear to the purchaser of such seed that it is not 337
for seeding purposes. 338
(3) When seed for processing is being transported to, 339
or consigned to, or stored in a processing or cleaning 340
establishment, provided that the invoice or labeling 341
accompanying * * * the seed bears the statement "seed for 342
processing." Other labeling or representation which may be made 343
with respect to the uncleaned or unprocessed seed shall be subject 344
to this article. 345
(4) No label shall be required, unless requested by the 346
purchaser, on agricultural seed, mixtures of same, vegetable seed, 347
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ST: Mississippi On-Farm Sales and Food Freedom
Act; create.
flower seed, and tree and shrub seed when such seeds are sold 348
directly to and in the presence of the purchaser and taken from a 349
container labeled in accordance with this article. 350
(5) No person shall be subjected to the penalties of 351
this article for having sold, offered or exposed for sale in this 352
state agricultural seed, mixtures of same, vegetable seed, flower 353
seed, or tree and shrub seed which were incorrectly labeled or 354
represented as to kind, variety or origin, which seed cannot be 355
identified by examination thereof, unless he has failed to obtain 356
an invoice or grower's declaration or other labeling information 357
and to take such other precautions as may be reasonable to ensure 358
the identity to be that stated. 359
SECTION 9. This act shall take effect and be in force from 360
and after July 1, 2026. 361