Seafood labeling; food service establishments may use a clear legend.

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To: Ports and Marine
Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeLano

SENATE BILL NO. 2624

AN ACT TO AMEND SECTION 69-1-55, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT ANY MIXED SEAFOOD PRODUCT COOKED ON PREMISES SHALL BE 2
ALLOWED PRODUCT LABELS TO INDICATE THAT SOME OF THE PRODUCT IS 3
DOMESTIC AND SOME IS IMPORTED; TO PROVIDE THAT PREPACKAGED GOODS 4
SOLD BY GROCERY STORES THAT ARE SUBJECT TO FEDERAL GUIDELINES SUCH 5
AS COOL REGULATIONS THROUGH THE USDA SHALL FOLLOW THE FEDERAL 6
GUIDELINES RELATING TO FONT SIZE; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 69-1-55, Mississippi Code of 1972, is 9
amended as follows: 10
69-1-55. (1) It shall be unlawful for any person, firm or 11
corporation, within this state who is a wholesaler, processor, 12
retailer, or food service establishment that sells imported 13
crawfish or seafood to misrepresent to the public, either 14
verbally, on a menu, or on a sign displayed on the premises, that 15
the imported crawfish or seafood is domestic. 16
(2) For purposes of this section, the following words and 17
phrases shall have the meanings as defined herein unless the 18
context clearly indicates otherwise: 19
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(a) "Collective agencies" means the Mississippi 20
Department of Agriculture and Commerce and the Mississippi 21
Department of Marine Resources. 22
(b) "Country of origin" means the country where a 23
seafood or crawfish is derived, hatched, born, raised, harvested 24
and processed. If the seafood or crawfish is derived, hatched, 25
born, raised, harvested or processed in different countries, the 26
term includes each country. 27
(c) "Food service establishment" means any place, 28
vehicle or vessel where food is prepared, stored, held, 29
transported, served or dispensed to consumers and which is 30
regulated by the collective agencies. The term includes any such 31
place regardless of whether the food sold is intended for 32
on-premises or off-premises consumption. 33
(d) "Label" means a display of written, printed or 34
graphic matter upon or affixed to the container in which a seafood 35
or crawfish product is offered for direct retail sale. 36
(e) "Menu" means any listing of food and/or beverage 37
options for a diner or customer to select from regardless of its 38
form. 39
(f) "Person" means any individual, partnership, 40
corporation and association or other legal entity. 41
(g) "Processor" means any person or entity engaged in 42
handling, storing, preparing, manufacturing, packing or holding 43
seafood or crawfish products. 44
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(h) "Retailer" means any person or entity offering for 45
sale seafood or crawfish products to food service establishments 46
and to individual consumers. Retailer includes food service 47
establishments unless otherwise stated herein. 48
(i) "Seafood" means saltwater finfish, crustaceans, 49
molluscan shellfish and other forms of saltwater aquatic animal 50
life where such aquatic animal life is intended for human 51
consumption. The term seafood shall not include catfish as 52
defined in Section 69-7-605. 53
(j) "Wholesaler" means any person or entity offering 54
for sale any seafood or crawfish product destined for direct 55
retail sale. 56
(3) A wholesaler, processor, retailer or food service 57
establishment shall designate a seafood or crawfish as having one 58
(1) of the following designations: 59
(a) "Domestic" if the seafood or crawfish is harvested, 60
hatched or raised in the waters of the United States, a state or a 61
territory of the United States and processed in the United States, 62
a state or a territory of the United States; or 63
(b) "Imported" if the seafood or crawfish is harvested 64
in waters outside of the territorial waters of the United States, 65
a state or a territory outside of the territorial waters of the 66
United States, or is hatched, raised, harvested and/or processed 67
outside of the United States. If any imported seafood or crawfish 68
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product is added to or mixed with domestic product, the seafood or 69
crawfish must then be classified as "imported" product. 70
The country of origin of the seafood or crawfish may be used 71
in lieu of a "domestic" or "imported" designation. 72
(4) (a) If the seafood or crawfish originated in a foreign 73
country outside of the territorial waters of the United States, 74
the wholesaler, processor, retailer or food service establishment 75
shall identify the product as "imported" on the label, menu, sales 76
display or any other form of advertisement, in a font that is at 77
least the same size as the name of the seafood or crawfish being 78
sold or promoted. The seafood or crawfish served or provided 79
shall be what is advertised or sold. 80
(b) In lieu of individual itemization on a menu, a food 81
service establishment may use a clearly visible legend. The 82
legend shall: 83
(i) Be affixed to or printed on the same page as 84
the seafood or crawfish items being sold. 85
(ii) Be presented in plain language and in a font 86
size and format that is the same size as the product being sold. 87
(iii) Other menu considerations. 88
(5) Seafood or crawfish products subject to and in 89
compliance with the federal Country of Origin Labeling (COOL) 90
requirements shall be exempt from the seafood-specific labeling 91
requirements of this section. Notwithstanding this exemption, 92
grocery stores, seafood markets, and other retail food 93
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establishments that sell fresh or unfrozen seafood products 94
directly to consumers shall be required to comply with all 95
applicable seafood labeling requirements established under this 96
section. 97
( * * *6) If a wholesaler, processor, retailer or food 98
service establishment offers for sale only domestic seafood, then 99
the wholesaler, processor, retailer or food service establishment 100
may disclose this in a prominent location on the premises. In the 101
case of a food service establishment, this disclosure may be in 102
lieu of disclosure on the menu. 103
( * * *7) Any individual or entity who supplies seafood or 104
crawfish to a wholesaler, processor, retailer or food service 105
establishment shall maintain a verifiable record-keeping audit 106
trail that permits the collective agencies to verify compliance 107
with this law and any regulations promulgated hereunder. The 108
supplier shall provide documentation to the wholesaler, processor, 109
retailer or food service establishment indicating the country of 110
origin of the seafood or crawfish. 111
( * * *8) (a) The collective agencies shall regulate 112
wholesalers, processors, retailers and food service establishments 113
under this section. 114
(b) The collective agencies shall adopt rules and 115
regulations in accordance with the Administrative Procedures Act 116
as are necessary to enforce the provisions of this section. 117
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(c) The collective agencies shall have authority to 118
enter the premises of any wholesaler, processor, retailer or food 119
service establishment to collect samples of seafood or crawfish 120
for laboratory testing to test for species identification and/or 121
any other testing as may be necessary to determine compliance with 122
this section. 123
( * * *9) (a) Any wholesaler, processor, retailer or food 124
service establishment, who violates or fails or refuses to comply 125
with any provision of this chapter or regulation adopted pursuant 126
to this chapter in relation to seafood or crawfish, may be subject 127
to civil penalties to be assessed and levied by the collective 128
agencies after a finding by the collective agencies that a 129
violation has occurred. Violations pertaining to different types 130
of seafood or crawfish may be charged as separate violations. Any 131
subsequent violations charged after a three * * *-day written 132
notice has been provided may be processed as a new violation and a 133
new three * * *-day notice period shall not be required. In 134
addition to assessing civil penalties, the collective agencies may 135
suspend or revoke licenses which are subject to their 136
jurisdiction, for any operation which is subject to the maximum 137
penalty of Ten Thousand Dollars ($10,000.00). Appeals of any 138
action or decision to the collective agencies may be taken as 139
provided in Section 49-15-401 et seq. for complaints relating to 140
seafood and as provided in Section 69-7-616 for complaints 141
relating to crawfish. 142
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(b) Civil penalties shall be assessed as follows: 143
(i) First Violation. The wholesaler, processor, 144
retailer or food service establishment shall be notified in 145
writing and given three (3) days to correct the violation. No 146
penalties under this act shall apply to any wholesaler, processor, 147
retailer or food service establishment that corrects the first 148
violation within three (3) days from the date of notification. 149
Failure to correct the violation within three (3) days shall 150
result in a violation with a fine in the amount of not less than 151
Five Hundred Dollars ($500.00) or more than One Thousand Dollars 152
($1,000.00); and 153
(ii) Second Violation. Not less than One Thousand 154
Dollars ($1,000.00) or more than Two Thousand Dollars ($2,000.00); 155
and 156
(iii) Third Violation. Not less than Three 157
Thousand Dollars ($3,000.00) or more than Five Thousand Dollars 158
($5,000.00); and 159
(iv) Fourth and Subsequent Violations. Not less 160
than Ten Thousand Dollars ($10,000.00). 161
(c) Any wholesaler, processor, retailer or food service 162
establishment that knowingly violates any provision of this 163
chapter, rule or regulation, shall be guilty of a misdemeanor and 164
upon conviction, may be subject to a fine of not more than Ten 165
Thousand Dollars ($10,000.00), or by imprisonment in the county 166
jail for not more than six (6) months, or by both. 167
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ST: Seafood labeling; food service
establishments may use a clear legend.
(d) Any wholesaler, processor, retailer or food service 168
establishment that unknowingly violates this section due to a good 169
faith reliance upon the supplier's documentation of the seafood or 170
crawfish's country of origin shall be held harmless against 171
penalties from a violation of this section. 172
(e) Any good faith reliance claim must be supported by 173
the appropriate evidence of the documentation from the supplier. 174
(f) Any person against whom a complaint is made or who 175
has been made subject to a fine or license suspension as provided 176
by this subsection may avail himself of a due process 177
administrative hearing as provided by Section 69-7-616 for 178
complaints related to crawfish and Section 49-15-401 et seq. for 179
complaints related to seafood. 180
(g) All fines and other monies collected pursuant to 181
violations related to seafood under this section shall be 182
distributed to the Mississippi Department of Marine Resources and 183
deposited into the Seafood Fund for promotion of the domestic 184
seafood market and implementation, enforcement and administration 185
of this section. Fines and monies collected pursuant to 186
violations related to crawfish under this section shall be 187
distributed to the Mississippi Department of Agriculture and 188
Commerce for implementation, enforcement and administration of 189
this section. 190
SECTION 2. This act shall take effect and be in force from 191
and after July 1, 2026. 192