Cottage foods; further define and increase sellers allowed annual gross sales amount to $120,000.00.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Seymour, Berry, Rhodes,
Younger, Butler, DuPree, Ladner, Hartness,
McCaughn, Chism, Taylor, DeBar, Suber, Hill

SENATE BILL NO. 2394

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, 1
TO FURTHER DEFINE COTTAGE FOODS AND RELATED TERMS; TO PROVIDE A 2
LIST OF FOODS THAT ARE AUTHORIZED AS COTTAGE FOODS WITHIN THE 3
STATE; TO INCREASE THE MAXIMUM ANNUAL GROSS SALES FOR A COTTAGE 4
FOOD OPERATION TO BE EXEMPT FROM FOOD ESTABLISHMENT PERMIT FEES; 5
TO REQUIRE THAT COTTAGE FOOD OPERATORS UNDERGO AND GET CERTIFIED 6
FOR FOOD HANDLER SAFETY TRAINING; TO AMEND SECTION 67-3-11, 7
MISSISSIPPI CODE OF 1972, TO EXEMPT HOMEMADE WINE OR LIGHT WINE 8
SOLD IN A COTTAGE FOOD OPERATION FROM HOMEMADE WINE AND BEER 9
RESTRICTIONS; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 75-29-951, Mississippi Code of 1972, is 12
amended as follows: 13
75-29-951. (1) As used in this section, the following words 14
have the following meanings unless context clearly provides 15
otherwise: 16
(a) "Cottage food" means products that are specific 17
types of foods that individuals are allowed to make in their 18
private homes with the intention to sell said food items for 19
public consumption. Cottage foods must: 20
(i) Be nonhazardous; 21
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(ii) Not require time and/or temperature control 22
to remain safe for consumption; 23
(iii) Be stored in the seller's home or 24
small-scale food operation following the safe food handling 25
guidelines outlined in the United States Food and Drug 26
Administration Retail Food Code to prevent adulteration caused by 27
insects, household chemicals, water damage, unsanitary conditions 28
and any other spoilage that would cause the cottage food products 29
to be unsafe for consumption. Cottage foods may not be created 30
using, nor stored within, commercial equipment or facilities; and 31
(iv) Not have been found to support the growth of 32
pathogens by the Food and Drug Administration. 33
(b) "Private home" means the location where a person 34
resides. 35
(c) "Specific types of foods" means foods approved as 36
cottage foods as listed in subsection (2) of this section. 37
(2) Approved cottage foods include, but are not limited to: 38
(a) Baked goods without cream, custard or meat 39
fillings; 40
(b) Candy and confections; 41
(c) Chocolate covered nonperishable foods; 42
(d) Dried fruit, excluding melons; 43
(e) Dried pasta; 44
(f) Dried spices; 45
(g) Dried baking mixes; 46
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(h) Granola; 47
(i) Cereal; 48
(j) Trail mixes; 49
(k) Dry rubs; 50
(l) Fried pies; 51
(m) Jams, jellies, and preserves that comply with the 52
standard described in part 150 of Title 21 of the Code of Federal 53
Regulations; 54
(n) Nut mixes; 55
(o) Popcorn; 56
(p) Vinegar; 57
(q) Mustard; 58
(r) Waffle cones; 59
(s) Acidified products which meet the definition as 60
stated in part 114 of Title 21 of the Code of Federal Regulations; 61
(t) Wine, as defined in Section 67-1-5, or light wine, 62
as defined in Section 67-3-3; 63
(u) Dried herbs, teas and vegetables; and 64
(v) Sorghum. 65
( * * *3) (a) A cottage food operation must comply with the 66
applicable requirements of this section but is exempt from the 67
permitting requirements of Section 41-3-18 if the cottage food 68
operation complies with this section and has annual gross sales of 69
cottage food products that do not exceed * * * One Hundred Twenty 70
Thousand Dollars ($120,000.00). 71
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(b) For purposes of this subsection, a cottage food 72
operation's annual gross sales include all sales of cottage food 73
products at any location, regardless of the types of products sold 74
or the number of persons involved in the operation. A cottage 75
food operation must provide the department, upon request, with 76
written documentation to verify the operation's annual gross 77
sales. 78
( * * *4) A cottage food operation may not sell cottage food 79
products over the internet, by mail order, or at wholesale or to a 80
retail establishment; however, this does not prohibit the 81
advertising of cottage food products over the internet, including 82
through social media. * * * 83
( * * *5) A cottage food operation may only sell cottage 84
food products which are prepackaged with a label affixed that 85
contains the following information: 86
(a) The name and address of the cottage food operation; 87
(b) The name of the cottage food product; 88
(c) The ingredients of the cottage food product, in 89
descending order of predominance by weight; 90
(d) The net weight or net volume of the cottage food 91
product; 92
(e) Allergen information as specified by federal 93
labeling requirements; 94
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(f) Appropriate nutritional information as specified by 95
federal labeling requirements, if any nutritional claim is made; 96
and 97
(g) The following statement printed in at least 98
ten-point type in a color that provides a clear contrast to the 99
background of the label: "Made in a cottage food operation that 100
is not subject to Mississippi's food safety regulations." 101
(6) (a) Before beginning to sell items for public 102
consumption as a vendor of a cottage food operation, the primary 103
vendor and/or owner of the cottage food operation must undergo and 104
successfully complete ANSI-National Accreditation Board (ANAB) 105
accredited food handler training. Vendors are free to attend any 106
food handler training course accredited by the ANSI-National 107
Accreditation Board, but the course must cover essential food 108
safety topics, including, but not limited to, food hazards, good 109
personal hygiene, handwashing, cleaning and sanitizing procedures. 110
(b) Upon completing the training, the vendor must take 111
and pass an assessment test, and obtain a food handler 112
certificate, which vendors shall have on hand at the location 113
where the cottage food is prepared, and on display at any event 114
where the vendor is selling his or her cottage food products in 115
person. 116
(c) New cottage food vendors must comply with the 117
provisions of this subsection before he or she begins to sell 118
items for public consumption. Existing cottage food vendors have 119
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until October 1, 2026, to comply with the provisions of this 120
section. Failure to comply with the food handler training 121
requirements of this subsection, shall be grounds for the 122
department to pursue disciplinary action pursuant to Section 123
41-3-59. 124
( * * *7) This section does not exempt a cottage food 125
operation from any federal tax laws, rules, regulations, or 126
certificates that * * * apply to all cottage food operations. 127
( * * *8) (a) The department may investigate any complaint 128
that alleges that a cottage food operation has violated an 129
applicable provision of this section or rule adopted under this 130
section. 131
(b) Only upon receipt of a complaint, the department's 132
authorized officer or employee may enter and inspect the premises 133
of a cottage food operation to determine compliance with this 134
section and department rules. A cottage food operation's refusal 135
to permit the department's authorized officer or employee entry to 136
the premises or to conduct the inspection is grounds for 137
disciplinary action pursuant to Section 41-3-59. 138
( * * *9) This section does not apply to a person operating 139
under a food permit issued pursuant to Section 41-3-18. 140
SECTION 2. Section 67-3-11, Mississippi Code of 1972, is 141
amended as follows: 142
67-3-11. (1) Every person shall have the right to make 143
homemade wine for domestic or household uses only, free of all 144
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restraint by this chapter or otherwise, and no such election as 145
provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive 146
any person of the right to make homemade wine for domestic or 147
household uses only. An individual making homemade wine, as 148
defined in Section 67-7-5, or light wine, as defined in Section 149
67-3-3, as part of a cottage food operation, shall not be exempt 150
from prohibitions imposed within counties and municipalities of 151
this state, which have hosted local option elections as provided 152
in Sections 67-3-7 and/or 67-3-9, and successfully voted to 153
prohibit the transportation, storage, sale, distribution, receipt 154
and/or manufacture of wine, light spirit product and beer within 155
said county or municipality. 156
(2) (a) Every person twenty-one (21) years of age or older 157
shall have the right to make homemade beer for personal, family, 158
domestic or household uses without restraint by this chapter or 159
otherwise. 160
(b) The maximum amount of homemade beer that a person 161
may make in a calendar year shall not exceed: 162
(i) One hundred (100) gallons if there is only one 163
(1) person over the age of twenty-one (21) years of age residing 164
in the household; and 165
(ii) Two hundred (200) gallons if there are two 166
(2) or more persons over the age of twenty-one (21) years residing 167
in the household. 168
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ST: Cottage foods; further define and increase
sellers allowed annual gross sales amount to
$120,000.00.
(c) A person who makes homemade beer as authorized in 169
this section may remove the beer from the premises of the 170
household where it is made and transport the beer only for the 171
purpose of participating in a bona fide exhibition, contest or 172
competition where homemade beer is being tasted and judged; 173
however, homemade beer may not be sold or offered for sale under 174
any circumstances. 175
(3) The restrictions of subsections (1) and (2) of this 176
section do not apply for homemade wine, as defined in Section 177
67-7-5, or light wine as defined in Section 67-3-3, when the 178
individual is creating homemade wine or light wine as allowed by 179
the cottage food rules and regulations within Section 75-29-951. 180
Homemade wine or light wine sold in a cottage food operation shall 181
be subject to any federal tax laws, rules, regulations or 182
certificates that apply to all cottage food operations. Homemade 183
wine or light wine produced for a cottage foods operation must 184
utilize fruits, grapes or muscadines that are one hundred percent 185
(100%) grown in Mississippi on the cottage food operator's farm or 186
residence. A cottage food operation shall not sell any homemade 187
wine or light wine with a percent alcohol content that exceeds 188
eighteen percent (18%). A person creating homemade wine or light 189
wine to be sold in a cottage food operation shall not create more 190
than three hundred (300) gallons of wine or light wine per year. 191
SECTION 3. This act shall take effect and be in force from 192
and after July 1, 2026. 193