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S. B. No. 2395 *SS26/R874.1* ~ OFFICIAL ~ G1/2
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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2395
AN ACT TO CREATE SECTION 75-29-903, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE EXPLICIT DISCLOSURE OF CERTAIN INGREDIENTS ON THE 2
FOOD LABELS OF FOOD PRODUCTS SOLD IN MISSISSIPPI; TO PROVIDE A 3
COMPREHENSIVE LIST OF INGREDIENTS THAT MUST BE DISCLOSED IN 4
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION; TO REQUIRE THAT 5
MANUFACTURERS INCLUDE A QR CODE THAT LEADS CONSUMERS TO A WEB PAGE 6
THAT THE MANUFACTURER CONTROLS; TO REQUIRE THAT THE WEBSITE 7
PROVIDES ADDITIONAL INFORMATION ABOUT THE DISCLOSED INGREDIENTS; 8
TO PROVIDE WHEN PROVISIONS OF THIS SECTION DO AND DO NOT APPLY TO 9
MANUFACTURERS; TO PROVIDE PENALTIES FOR MANUFACTURERS FOUND IN 10
NONCOMPLIANCE WITH THE LABELING REQUIREMENTS OF THIS SECTION; TO 11
CREATE SECTION 75-29-905, MISSISSIPPI CODE OF 1972, TO REQUIRE 12
RETAIL FOOD SERVICE ESTABLISHMENTS TO DISCLOSE THE PRESENCE OF 13
SEED OILS IN FOOD COOKED AND PREPARED FOR HUMAN CONSUMPTION; TO 14
PROVIDE PENALTIES FOR RETAIL FOOD SERVICE ESTABLISHMENTS FOUND TO 15
BE IN NONCOMPLIANCE WITH THE SEED OIL DISCLOSURE REQUIREMENTS 16
ESTABLISHED BY THIS SECTION; TO CREATE SECTION 37-11-7.1, 17
MISSISSIPPI CODE OF 1972, TO BAN THE INCLUSION OF CERTAIN 18
PROHIBITED INGREDIENTS IN BREAKFAST, LUNCH AND AFTERSCHOOL CARE 19
MEALS SERVED TO STUDENTS AT PUBLIC AND NONPUBLIC SCHOOLS THAT 20
RECEIVE STATE FUNDING; TO PROVIDE EXEMPTIONS TO THE PROHIBITED 21
INGREDIENTS REQUIREMENTS SET FORTH BY THIS SECTION; TO ENCOURAGE 22
SCHOOL GOVERNING AUTHORITIES TO PURCHASE LOCALLY PRODUCED FOODS 23
FOR STUDENT CONSUMPTION WHENEVER POSSIBLE; TO CREATE SECTION 24
73-25-41, MISSISSIPPI CODE OF 1972, TO REQUIRE THE RESPECTIVE 25
STATE BOARDS OF MEDICAL LICENSURE TO REQUIRE NURSE PRACTITIONERS, 26
PHYSICIAN ASSISTANTS AND PHYSICIANS PRACTICING CERTAIN FIELDS OF 27
MEDICINE TO ATTEND CONTINUED EDUCATION COURSES CONCERNING 28
NUTRITION AND METABOLIC HEALTH; TO PROVIDE THAT THE RESPECTIVE 29
BOARDS SHALL DETERMINE THE CONTENT OF THE CONTINUED EDUCATION 30
COURSE REQUIRED BY THIS SECTION; AND FOR RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. The following shall be codified as Section 33
75-29-903, Mississippi Code of 1972: 34
75-29-903. (1) Food containing artificial colors, additives 35
or banned chemicals must clearly disclose the presence of said 36
ingredient(s) on the food label. Any food product offered for 37
sale in this state shall be labeled by the manufacturer in 38
accordance with the provisions of this section. If the product 39
contains any ingredient identified in this subsection, the 40
ingredient(s) must be clearly disclosed on the food product label. 41
These ingredients shall include: 42
(a) Acesulfame potassium; 43
(b) Acetylated esters of mono- and diglycerides (acetic 44
acid ester); 45
(c) Anisole; 46
(d) Aspartame; 47
(e) Azodicarbonamide (ADA); 48
(f) Butylated hydroxyanisole (BHA); 49
(g) Butylated hydroxytoluene (BHT); 50
(h) Bleached flour; 51
(i) Blue dye 1 (CAS 3844-45-9); 52
(j) Blue dye 2 (CAS 860-22-0); 53
(k) Bromated flour; 54
(l) Calcium bromate; 55
(m) Canthaxanthin; 56
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(n) Certified food colors by the United States Food and 57
Drug Administration; 58
(o) Citrus red dye 2 (CAS 6358-53-8); 59
(p) Diacetyl; 60
(q) Dimethylamylamine (DMAA); 61
(r) Dioctyl sodium sulfosuccinate (DSS); 62
(s) Green dye 3 (CAS 2353-45-9); 63
(t) Interesterified palm oil; 64
(u) Interesterified soybean oil; 65
(v) Lactylated fatty acid esters of glycerol and 66
propylene glycol; 67
(w) Lye; 68
(x) Morpholine; 69
(y) Olestra; 70
(z) Partially hydrogenated oil (PHO); 71
(aa) Potassium aluminum sulfate; 72
(bb) Potassium bromate; 73
(cc) Potassium iodate; 74
(dd) Propylene oxide; 75
(ee) Propylparaben; 76
(ff) Red dye 3 (CAS 16423-68-0); 77
(gg) Red dye 4 (CAS 4548-53-2) 78
(hh) Red dye 40 (CAS 25956-17-6); 79
(ii) Sodium aluminum sulfate; 80
(jj) Sodium lauryl sulfate; 81
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(kk) Sodium stearyl fumarate; 82
(ll) Stearyl tartrate; 83
(mm) Sucralose; 84
(nn) Synthetic trans fatty acid; 85
(oo) Thiodipropionic acid; 86
(pp) Toluene; 87
(qq) Yellow dye 5 (CAS 1934-21-0); and 88
(rr) Yellow dye 6 (CAS 2783-94-0). 89
(2) The food product label must include a quick response 90
code (QR code) with a statement adjacent to the code that informs 91
the consumer that additional ingredient information can be 92
accessed by scanning the code. The QR code shall link to a web 93
page that is under the control of the manufacturer. 94
(3) The web page shall contain the following disclaimer in a 95
prominent location: 96
"NOTICE: This product contains [insert ingredient here]. For 97
more information about this ingredient, including FDA approvals, 98
click HERE." 99
The disclaimer shall link to the United States Food and Drug 100
Administration's web page regarding food chemical safety. 101
(4) The provisions of this section shall only apply to food 102
or beverages intended for human consumption. 103
(5) The provisions of this section shall not apply to any of 104
the following: 105
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(a) A drug or dietary supplement regulated by the 106
United States Food and Drug Administration under the Federal Food, 107
Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., 21 CFR 3.2(e), or 108
the Dietary Supplement Health and Education Act; 109
(b) An alcoholic beverage as defined in R.S. 26:2 and 110
241; 111
(c) Food prepared and labeled in a retail food 112
establishment; or 113
(d) Medical food as defined in 21 U.S.C. 360ee (b)(3). 114
(6) If a product is sold at retail as a multiunit package, 115
the provisions of this section shall only apply to the outer 116
container. 117
(7) Any violation of this section shall be a violation of 118
the state food labeling requirements. Any food product 119
manufacturer that violates this section or the rules adopted 120
thereunder, after notice and a hearing, shall be subject to civil 121
penalties. The State Health Officer shall impose these penalties 122
on a graduated scale in accordance with the following schedule for 123
all violations within a twenty-four-month period: 124
(a) For a first offense, a written warning; 125
(b) For a second offense, a fine of One Hundred Dollars 126
($100.00); 127
(c) For a third offense, a fine of Two Hundred Fifty 128
Dollars ($250.00); 129
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(d) For a fourth offense, a fine of Five Hundred 130
Dollars ($500.00); and 131
(e) For a fifth and any subsequent offense, a fine of 132
One Thousand Dollars ($1,000.00). 133
(8) Any food product manufacturer that unknowingly violates 134
this section due to a good faith reliance upon the establishment's 135
supplier's attestation of the covered commodities do not possess 136
any of the ingredients identified in subsection (2) of this 137
section shall be held harmless against penalties for a violation 138
of this section. 139
SECTION 2. The following shall be codified as Section 140
75-29-905, Mississippi Code of 1972: 141
75-29-905. (1) Any retail food service establishment, as 142
defined in Section 69-1-18, that cooks or prepares food using seed 143
oil shall display a disclaimer on the menu or other clearly 144
visible location that informs customers of the potential presence 145
of seed oil in food served at the establishment. The disclaimer 146
shall state: "Some menu items may contain or be prepared using 147
seed oils." 148
(2) For purposes of this section, "seed oil" shall include 149
any of the following: 150
(a) Canola or rapeseed oil; 151
(b) Corn oil; 152
(c) Cottonseed oil; 153
(d) Grapeseed oil; 154
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(e) Rice bran oil; 155
(f) Safflower oil; 156
(g) Soybean oil; and 157
(h) Sunflower oil. 158
(3) Any violation of this section shall be a violation of 159
the state ingredient disclosure requirements. Any retail food 160
service establishment that violates this section or the rules 161
adopted thereunder, after notice and a hearing, shall be subject 162
to civil penalties. The State Health Officer shall impose these 163
penalties on a graduated scale in accordance with the following 164
schedule for all violations within a twenty-four-month period: 165
(a) For a first offense, a written warning; 166
(b) For a second offense, a fine of One Hundred Dollars 167
($100.00); 168
(c) For a third offense, a fine of Two Hundred Fifty 169
Dollars ($250.00); 170
(d) For a fourth offense, a fine of Five Hundred 171
Dollars ($500.00); and 172
(e) For a fifth and any subsequent offense, a fine of 173
One Thousand Dollars ($1,000.00). 174
(8) Any retail food service establishment that unknowingly 175
violates this act due to a good faith reliance upon the 176
establishment's supplier's attestation of the covered commodity's 177
do not possess any of the ingredients identified in subsection (2) 178
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of this section shall be held harmless against penalties for a 179
violation of this act. 180
SECTION 3. The following shall be codified as Section 181
37-11-7.1, Mississippi Code of 1972: 182
37-11-7.1. (1) For the purpose of this section, "prohibited 183
ingredients" means any of the following: 184
(a) Blue dye 1 (CAS 3844-45-9); 185
(b) Blue dye 2 (CAS 860-22-0); 186
(c) Green dye 3 (CAS 2353-45-9); 187
(d) Red dye 3 (CAS 16423-68-0); 188
(e) Red dye 40 (CAS 25956-17-6); 189
(f) Yellow dye 5 (CAS 1934-21-0); 190
(g) Yellow dye 6 (CAS 2783-94-0); 191
(h) Azodicarbonamide; 192
(i) Butylated hydroxyanisole (BHA); 193
(j) Butylated hydroxytoluene (BHT); 194
(k) Potassium bromate; 195
(l) Propylparaben; 196
(m) Acesulfame potassium; 197
(n) Aspartame; and 198
(o) Sucralose. 199
(2) No public school governing authority shall serve any 200
food or beverage containing a prohibited ingredient to students 201
under its jurisdiction. 202
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(3) No nonpublic school that receives state funds shall 203
serve any food or beverage containing a prohibited ingredient to 204
students. 205
(4) The provisions of this section shall apply to breakfasts 206
and lunches served to students on school campuses during regular 207
school hours and any food or beverages served by the school to a 208
student during aftercare. 209
(5) The provisions of this section shall not apply to any 210
food or beverage sold in concession stands or vending machines. 211
(6) Each public school and any nonpublic school that 212
receives state funds shall purchase food products produced in this 213
state, to the extent practicable and possible. 214
SECTION 4. The following shall be codified as Section 215
73-25-41, Mississippi Code of 1972: 216
73-25-41. (1) The respective State Boards of Medical 217
Licensure shall require advanced practice registered nurses 218
practicing family medicine, internal medicine, pediatrics, 219
obstetrics and gynecology to complete a minimum of one (1) hour of 220
continuing education on nutrition and metabolic health every four 221
(4) years. The boards shall adopt rules to determine the content 222
of the continuing education provided for in this subsection. 223
(2) The respective State Boards of Medical Licensure shall 224
require physicians and physician assistants practicing family 225
medicine, internal medicine, pediatrics, psychiatry, 226
endocrinology, gastroenterology, cardiology, oncology, 227
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ST: Food labeling; require disclosure of
certain ingredients on food packaging and
provide consumer notice disclaimer.
rheumatology, neurology, nephrology, dermatology, pulmonology, 228
surgery, immunology, hematology, obstetrics and gynecology to 229
complete a minimum of one (1) hour of continuing education on 230
nutrition and metabolic health every four (4) years. The boards 231
shall adopt rules to determine the content of the continuing 232
education provided for in this subsection. 233
SECTION 5. This act shall take effect and be in force from 234
and after July 1, 2026. 235