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SB2398 • 2026

Cottage foods; eliminate annual gross sale cap and internet sale restrictions.

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE ANNUAL GROSS SALES FOR A COTTAGE FOOD OPERATION TO BE EXEMPT FROM FOOD ESTABLISHMENT PERMIT FEES; TO AMEND THE ONLINE SALE REGULATIONS FOR COTTAGE FOOD OPERATIONS; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Thompson
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The official source material does not provide detailed information on the exact nature of labeling requirements beyond mentioning that labels must contain certain information. The bill summary also does not specify if it changes existing federal tax laws or regulations.

Cottage Foods Act

This bill removes the annual gross sales limit for cottage food operations to exempt them from permit fees and allows online sales of these products.

What This Bill Does

  • Removes the annual gross sale cap that allowed cottage food businesses to avoid paying food establishment permit fees.
  • Allows cottage food businesses to sell their products over the internet without restrictions.

Who It Names or Affects

  • Cottage food business owners in Mississippi
  • Consumers buying cottage foods online

Terms To Know

cottage food operation
A small-scale home-based food business that makes and sells certain types of non-hazardous food products.
permit fee
The cost paid to the government for a license or permit allowing a business to operate legally.

Limits and Unknowns

  • This bill did not pass and was not signed into law.
  • It does not specify how cottage food businesses will be regulated after July 1, 2026, if the bill had passed.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Public Health and Welfare

Official Summary Text

Cottage foods; eliminate annual gross sale cap and internet sale restrictions.

Current Bill Text

Read the full stored bill text 
S. B. No. 2398 *SS26/R875* ~ OFFICIAL ~ G1/2
26/SS26/R875
PAGE 1 (ab\kr)

To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Thompson

SENATE BILL NO. 2398

AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, 1
TO ELIMINATE THE ANNUAL GROSS SALES FOR A COTTAGE FOOD OPERATION 2
TO BE EXEMPT FROM FOOD ESTABLISHMENT PERMIT FEES; TO AMEND THE 3
ONLINE SALE REGULATIONS FOR COTTAGE FOOD OPERATIONS; AND FOR 4
RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 75-29-951, Mississippi Code of 1972, is 7
amended as follows: 8
75-29-951. (1) * * * A cottage food operation must comply 9
with the applicable requirements of this section but is exempt 10
from the permitting requirements of Section 41-3-18 if the cottage 11
food operation complies with this section * * *. 12
* * * 13
(2) A cottage food operation may not sell cottage food 14
products * * * by mail order, * * * at wholesale or to a retail 15
establishment * * *. The provisions of this * * * subsection do 16
not prohibit the advertising of cottage food products over the 17
Internet, including through social media. Cottage food products 18
S. B. No. 2398 *SS26/R875* ~ OFFICIAL ~
26/SS26/R875
PAGE 2 (ab\kr)

are nonpotentially hazardous food products as defined by the 19
department. 20
(3) A cottage food operation may only sell cottage food 21
products which are prepackaged with a label affixed that contains 22
the following information: 23
(a) The name and address of the cottage food operation; 24
(b) The name of the cottage food product; 25
(c) The ingredients of the cottage food product, in 26
descending order of predominance by weight; 27
(d) The net weight or net volume of the cottage food 28
product; 29
(e) Allergen information as specified by federal 30
labeling requirements; 31
(f) Appropriate nutritional information as specified by 32
federal labeling requirements, if any nutritional claim is made; 33
and 34
(g) The following statement printed in at least 35
ten-point type in a color that provides a clear contrast to the 36
background of the label: "Made in a cottage food operation that 37
is not subject to Mississippi's food safety regulations." 38
(4) This section does not exempt a cottage food operation 39
from any federal tax law, rule, regulation, or certificate that 40
applies to all cottage food operations. 41
S. B. No. 2398 *SS26/R875* ~ OFFICIAL ~
26/SS26/R875
PAGE 3 (ab\kr)
ST: Cottage foods; eliminate annual gross sale
cap and internet sale restrictions.
(5) (a) The department may investigate any complaint that 42
alleges that a cottage food operation has violated an applicable 43
provision of this section or rule adopted under this section. 44
(b) Only upon receipt of a complaint, the department's 45
authorized officer or employee may enter and inspect the premises 46
of a cottage food operation to determine compliance with this 47
section and department rules. A cottage food operation's refusal 48
to permit the department's authorized officer or employee entry to 49
the premises or to conduct the inspection is grounds for 50
disciplinary action pursuant to Section 4l-3-59. 51
(6) This section does not apply to a person operating under 52
a food permit issued pursuant to Section 41-3-18. 53
SECTION 2. This act shall take effect and be in force from 54
and after July 1, 2026. 55