Cottage food operation; remove annual gross sales cap and allow online sales of products directly to consumers in the state.

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

By: Representatives Sanford, Eubanks

HOUSE BILL NO. 910
(As Passed the House)

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE CAP ON THE ANNUAL GROSS SALES ALLOWED; TO AUTHORIZE 2
SALES TO BE MADE ONLINE BY MAIL ORDER, AT WHOLESALE, THIRD-PARTY 3
RETAIL ESTABLISHMENTS OR THROUGH AN AGENT OF THE PRODUCER OF THE 4
COTTAGE FOOTAGE, WHICH ARE DELIVERED DIRECTLY TO CONSUMERS IN THE 5
STATE; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 75-29-951, Mississippi Code of 1972, is 8
amended as follows: 9
75-29-951. (1) * * * A cottage food operation must comply 10
with the applicable requirements of this section but is exempt 11
from the permitting requirements of Section 41-3-18 if the cottage 12
food operation complies with this section * * *. 13
* * * 14
(2) A cottage food operation may * * * sell cottage food 15
products over the Internet, by mail order, * * * at 16
wholesale * * *, to a third-party retail establishment * * *, or 17
through an agent of the producer of the cottage food, which are 18
delivered directly to consumers in the state. * * * Cottage food 19
products may be advertised over the Internet, including through 20
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social media. Cottage food products are nonpotentially hazardous 21
food products as defined by the department, which do not require 22
time or temperature control for safety to limit pathogenic 23
microorganism growth or toxin formation. 24
(3) A cottage food operation may only sell cottage food 25
products which are prepackaged with a label affixed that contains 26
the following information: 27
(a) The name and address of the cottage food operation; 28
(b) The name of the cottage food product; 29
(c) The ingredients of the cottage food product, in 30
descending order of predominance by weight; 31
(d) The net weight or net volume of the cottage food 32
product; 33
(e) Allergen information as specified by federal 34
labeling requirements; 35
(f) Appropriate nutritional information as specified by 36
federal labeling requirements, if any nutritional claim is made; 37
and 38
(g) The following statement printed in at least 39
ten-point type in a color that provides a clear contrast to the 40
background of the label: "Made in a cottage food operation that 41
is not subject to Mississippi's food safety regulations." 42
(4) This section does not exempt a cottage food operation 43
from any federal tax law, rule, regulation, or certificate that 44
applies to all cottage food operations. 45
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ST: Cottage food operation; remove annual gross
sales cap and allow online sales of products
directly to consumers in the state.
(5) (a) The department may investigate any complaint that 46
alleges that a cottage food operation has violated an applicable 47
provision of this section or rule adopted under this section. 48
(b) Only upon receipt of a complaint, the department's 49
authorized officer or employee may enter and inspect the premises 50
of a cottage food operation to determine compliance with this 51
section and department rules. A cottage food operation's refusal 52
to permit the department's authorized officer or employee entry to 53
the premises or to conduct the inspection is grounds for 54
disciplinary action pursuant to Section 41-3-59. 55
(6) This section does not apply to a person operating under 56
a food permit issued pursuant to Section 41-3-18. 57
SECTION 2. This act shall take effect and be in force from 58
and after July 1, 2026. 59