Raw milk; allow the personal consumption and individual sale of.

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

By: Senator(s) Hill

SENATE BILL NO. 2284

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 COW, GOAT OR SHEEP FROM 4
USING THE MILK FROM SUCH ANIMAL FOR THE OWNER'S PERSONAL 5
CONSUMPTION OR OTHER PERSONAL USE; TO ALLOW THE SALE OF RAW MILK 6
ON FARMS SO LONG AS THE SALE IS NOT FOR INSTITUTIONAL USE; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 75-31-65, Mississippi Code of 1972, is 10
amended as follows: 11
75-31-65. (1) The State Board of Health shall: 12
(a) Exercise general supervision over the production, 13
processing and sale of milk and milk products and the processing 14
and sale of frozen desserts * * *; 15
(b) Adopt, modify, repeal and promulgate rules and 16
regulations, after due notice and hearing, and, where not 17
otherwise prohibited by federal law or state law, make exceptions 18
to, grant exemptions from and enforce rules and regulations 19
implementing or effectuating the duties of the board under this 20
section to protect the public health * * *; and 21
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(c) Use the most current edition of the Pasteurized 22
Milk Ordinance, or its successor, as the basis for * * * 23
regulating Grade "A" milk and milk products. Unless * * * 24
otherwise provided by law, the board, in its discretion, may 25
amend, modify or make additions to the Pasteurized Milk Ordinance 26
if the board determines that such amendment, modification or 27
addition is in the best interest of public health. 28
(2) The board shall assess fees in the following amount and 29
for the following purpose: 30
Milk product processing plant annual permit fee............$300.00 31
Frozen dessert processing plant annual permit fee..........$300.00 32
Any increase in the fees charged by the board under this 33
subsection shall be in accordance with the provisions of Section 34
41-3-65. 35
The fees authorized under this subsection shall not be 36
assessed for milk or frozen dessert processing plants operated by 37
public schools, by public junior colleges or by state agencies or 38
institutions, including, without limitation, the state 39
institutions of higher learning. 40
(3) Incidental sales of raw * * * milk shall be legal if: 41
(a) The milk is sold directly to the consumer on the 42
premises where the milk is produced; 43
(b) No more than nine (9) producing cows, goats or 44
sheep are located on the premises where the milk is produced; 45
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(c) The person selling the raw milk does not advertise 46
the milk for sale and provides adequate notice to potential 47
consumers of the inherent risks associated with the consumption of 48
unprocessed dairy products; and 49
(d) The following conditions, which apply to the 50
milking of cows, goats and sheep involved in legal incidental 51
sales of raw * * * milk, are satisfied: 52
(i) The milking takes place in a clean environment 53
on a cement or comparable floor; 54
(ii) The milking place is enclosed by a wall 55
and/or a screen to prevent insects from entering the milking area; 56
(iii) A fly strap is located in the milking area; 57
and 58
(iv) Sterile containers are used in the milking 59
process and for storage. 60
It shall not be unlawful to store raw cow, goat or sheep milk 61
in a separate sterile place from pasteurized cow, goat or sheep 62
milk. The Cooperative Extension Service at Alcorn State 63
University shall publish and make available literature on the 64
requirements of this subsection, and other related milk * * * 65
maintenance, explaining the recommended care of milk cows, goats 66
or sheep, and the process of cow, goat or sheep milk production 67
and other related subjects. For the purposes of this subsection, 68
the term "incidental sales" means sales from a farm where not more 69
than nine (9) cows, goats or sheep are producing milk. 70
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(4) For purposes of this section, the term "person" includes 71
an individual, firm, partnership, association or corporation, 72
foreign or domestic. 73
(5) All fees collected by the board under this section shall 74
be paid into a special fund within the Department of Health to be 75
used by the department to discharge its duties under this section. 76
(6) Any person coming within the provisions of this section 77
who fails to comply with or violates any of the provisions of this 78
section or regulations promulgated thereunder, unless otherwise 79
specifically provided in this section, is guilty of a misdemeanor 80
and, upon conviction, shall be fined not more than One Hundred 81
Dollars ($100.00) or confined in jail for not more than sixty (60) 82
days, or both. 83
(7) Any person who sells or offers for sale adulterated milk 84
or milk products or cream or frozen desserts or any milk or cream 85
having therein any foreign substance or coloring matter or any 86
chemicals or preservatives, whether for the purpose of increasing 87
the quantity of milk or cream or for improving its appearance or 88
for the purpose of preserving the condition of sweetness thereof, 89
or for any other purpose whatsoever, or unpasteurized milk or milk 90
products except as otherwise authorized by law, is guilty of a 91
misdemeanor, and, upon conviction, shall be fined not more than 92
Five Hundred Dollars ($500.00) or confined in jail not more than 93
sixty (60) days, or both; however, nothing in this subsection 94
shall be construed to prevent the addition of vitamins to milk or 95
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milk products in accordance with the rules and regulations 96
promulgated by the board or to prohibit the sale of pasteurized 97
milk or cream or frozen desserts except unlawful cream or unlawful 98
milk products or unlawful frozen desserts as defined in the rules 99
and regulations promulgated by the board. 100
(8) (a) Any person doing business in the State of 101
Mississippi and engaged in the production, manufacture, sale or 102
distribution of any dairy products that, for the purpose of 103
destroying the business of a competitor in any locality or 104
creating a monopoly, discriminates between different sections, 105
localities, communities, cities or towns of the state by selling 106
such commodity at a lower rate or price in one (1) section, 107
locality, community, city or town than such commodity is sold by 108
such person in any other section, locality, community, city or 109
town, after making due allowance for the difference, if any, in 110
the grade or quality and in the actual cost of the transportation 111
from the point of production or purchase, if a raw product, to the 112
place of sale, storage or distribution, is guilty of unfair 113
discrimination, which is prohibited and declared unlawful; 114
however, prices made to meet competition in such section, 115
locality, community, city or town shall not be in violation of 116
this subsection. 117
(b) Any person doing business in the State of 118
Mississippi and engaged in the business of purchasing for 119
manufacture, storage, sale or distribution of any dairy product, 120
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that, for the purpose of destroying the business of a competitor 121
or creating a monopoly, discriminates between different sections, 122
localities, communities, cities or towns in the state by 123
purchasing such commodity at a higher rate or price in one (1) 124
section, locality, community, city or town than is paid for such 125
commodity by such person in any other section, locality, 126
community, city or town, after making due allowance for the 127
difference, if any, in the grade or quality, and in the actual 128
cost of transportation from the point of purchase to the point of 129
manufacture, sale or distribution or storage, is guilty of unfair 130
discrimination, which is prohibited and declared to be unlawful; 131
however, prices made to meet competition in such locality, 132
section, community, city or town shall not be a violation of this 133
subsection. 134
(c) Any person convicted of a violation of this 135
subsection * * * shall be fined not less than Five Hundred Dollars 136
($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall 137
be imprisoned in jail not more than twelve (12) months, or both. 138
(9) Nothing in this section shall be construed to apply to 139
any person who does not sell his or her milk, cream, butter or 140
other products mentioned herein to others. 141
(10) Nothing in this section or any other provision of law 142
shall be construed as prohibiting the independent or partial owner 143
of a cow, goat or sheep from using the milk from such animal in 144
its raw or unadulterated form for the owner's personal consumption 145
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ST: Raw milk; allow the personal consumption
and individual sale of.
or other personal use, or from selling raw milk directly to 146
consumers, so long as the sale is not for institutional use. 147
SECTION 2. This act shall take effect and be in force from 148
and after July 1, 2026. 149