Dept. of Health; authorize to increase fees by certain percentage during next three fiscal years.

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

By: Representative Creekmore IV

HOUSE BILL NO. 814

AN ACT TO AMEND SECTION 41-3-65, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO INCREASE FOOD 2
ESTABLISHMENT ANNUAL PERMIT FEES, PRIVATE WATER SUPPLY APPROVAL 3
FEES, AND ONSITE WASTEWATER PROGRAM FEES BY A CERTAIN PERCENTAGE 4
DURING THE NEXT THREE FISCAL YEARS UP TO A MAXIMUM AMOUNT; TO 5
AMEND SECTIONS 41-3-18, 41-67-12 AND 41-67-25, MISSISSIPPI CODE OF 6
1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 41-3-65, Mississippi Code of 1972, is 10
amended as follows: 11
41-3-65. Except as otherwise provided by law, and upon 12
annual recommendation of the associated programmatic advisory 13
board, the State Board of Health or the State Department of Health 14
may increase the amount of any fee listed in Section 41-3-18, 15
41-67-12 and 41-67-25 and charged by the board or the 16
department * * *, not more than * * * three (3) times during the 17
period from July 1, * * * 2026, through June 30, * * * 2029, with 18
the * * * amount of each increase * * * not to exceed thirty-three 19
and one-third percent (33-1/3%) of the amount of the * * * total 20
fee increase authorized below: 21
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Fees in Section 41-3-18(1)(a) and (b): 22
Food establishment annual permit fees: 23
Assessment Category 1............................ $ 40.00 24
Assessment Category 2............................ $132.75 25
Assessment Category 3............................ $202.00 26
Assessment Category 4............................ $265.50 27
Private water supply approval fee................ $ 40.00 28
Fees in Section 41-67-12(1)(a),(b) and (c): 29
Soil and site evaluation/recommendation.......... $150.00 30
Certification of installers and pumpers.......... $225.00 31
Registration of manufacturers.................... $450.00 32
Fee in Section 41-67-25(3)(c): 33
Certification of installers...................... $225.00 34
SECTION 2. Section 41-3-18, Mississippi Code of 1972, is 35
amended as follows: 36
41-3-18. (1) The board shall assess fees in the following 37
amounts and for the following purposes: 38
(a) Food establishment annual permit fee, based on the 39
assessment factors of the establishment as follows: 40
Assessment Category 1................................ $ * * * 40.00 41
Assessment Category 2................................ * * *132.25 42
Assessment Category 3................................ * * *198.00 43
Assessment Category 4................................ * * *264.50 44
(b) Private water supply approval fee...........$ 10.00 45
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The board may develop such reasonable standards, rules and 46
regulations to clearly define each assessment category. 47
Assessment categories shall be based upon the factors to the 48
public health implications of the category and type of food 49
preparation being utilized by the food establishment, utilizing 50
the model Food Code of 1995, or as may be amended by the federal 51
Food and Drug Administration. 52
Any increase in the fees charged by the board under this 53
subsection (1) shall be in accordance with the provisions of 54
Section 41-3-65. 55
(2) The fee authorized under subsection (1)(a) of this 56
section shall not be assessed for: 57
(a) Food establishments operated by public schools, 58
public junior and community colleges, or state agencies or 59
institutions, including, without limitation, the state 60
institutions of higher learning and the State Penitentiary; and 61
(b) Persons who make infrequent casual sales of honey 62
and who pack or sell less than five hundred (500) gallons of honey 63
per year, and those persons shall not be inspected by the State 64
Department of Health unless requested by the producer. 65
(3) The fee authorized under subsection (1)(b) of this 66
section shall not be assessed for private water supplies used by 67
foster homes licensed by the Department of Child Protection 68
Services. 69
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SECTION 3. Section 41-67-12, Mississippi Code of 1972, is 70
amended as follows: 71
41-67-12. (1) The department shall assess fees in the 72
following amounts for the following purposes: 73
(a) A fee of One Hundred Dollars ($100.00) shall be 74
levied for soil and site evaluation and recommendation of 75
individual on-site wastewater disposal systems. * * * 76
(b) A fee of One Hundred Fifty Dollars ($150.00) shall 77
be levied once every three (3) years for the certification of 78
installers and pumpers. 79
(c) A fee of Three Hundred Dollars ($300.00) shall be 80
levied once every three (3) years for the registration of 81
manufacturers. 82
Any increase in the fee charged by the department under 83
paragraph (a), (b) or (c) of this subsection (1) shall be in 84
accordance with the provisions of Section 41-3-65. 85
(2) In the discretion of the board, a person shall be liable 86
for a penalty equal to one and one-half (1-1/2) times the amount 87
of the fee due and payable for failure to pay the fee on or before 88
the date due, plus any amount necessary to reimburse the cost of 89
collection. 90
(3) No fee authorized under this section shall be assessed 91
by the department for state agencies or institutions, including, 92
without limitation, foster homes licensed by the Mississippi 93
Department of Child Protection Services. 94
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SECTION 4. Section 41-67-25, Mississippi Code of 1972, is 95
amended as follows: 96
41-67-25. (1) A person may not operate as an installer of 97
individual on-site wastewater disposal systems unless that person 98
is currently certified by the department. A person who installs 99
an individual on-site wastewater disposal system on his own 100
property for his primary residence is not considered an installer 101
for purposes of this subsection. 102
(2) An installer of advanced treatment systems or products 103
must be a factory-trained and authorized representative. The 104
manufacturer must furnish documentation to the department 105
certifying the satisfactory completion of factory training and the 106
establishment of the installer as an authorized manufacturer's 107
representative. 108
(3) The department shall issue a certification to an 109
installer if the installer: 110
(a) Completes an application form that complies with 111
this chapter and rules and regulations adopted by the board; 112
(b) Satisfactorily completes the training program for 113
installation and maintenance provided by the department; 114
(c) Pays the certification fee once every three (3) 115
years, which shall be an amount not greater than One Hundred Fifty 116
Dollars ($150.00); any increase in the fee charged by the 117
department under this paragraph (c) shall be in accordance with 118
the provisions of Section 41-3-65; and 119
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(d) Provides proof of having a valid general business 120
liability insurance policy in effect with liability limits of at 121
least Fifty Thousand Dollars ($50,000.00) per occurrence and at 122
least One Hundred Thousand Dollars ($100,000.00) in total 123
aggregate amount. 124
(4) Each installer shall furnish proof of certification to a 125
property owner, lessee, the owner's representative or occupant of 126
the property on which an individual on-site wastewater disposal 127
system is to be designed, constructed, repaired or installed by 128
that installer and to the department or its authorized 129
representative, if requested. 130
(5) The department shall provide for renewal of 131
certifications once every three (3) years. 132
(6) (a) An installer's certification may be suspended or 133
revoked by the department after notice and hearing if the 134
installer violates this chapter or any rule or regulation adopted 135
under this chapter. 136
(b) The installer may appeal a suspension or revocation 137
under this section as provided by law. 138
(7) The department shall disseminate to the public an 139
official list of certified installers. 140
(8) If any person is operating in the state as an installer 141
without certification by the board, the board, after due notice 142
and opportunity for a hearing, may impose a monetary penalty not 143
to exceed Ten Thousand Dollars ($10,000.00) for each violation. 144
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ST: Dept. of Health; authorize to increase fees
by certain percentage during next three fiscal
years.
(9) The department shall provide for renewal of installer 145
certifications to be applied for at the local department offices. 146
SECTION 5. This act shall take effect and be in force from 147
and after July 1, 2026. 148