Bill Text: MS HB1333 | 2018 | Regular Session | Engrossed
Bill Title: Honey and honey products; transfer authority to inspect from State Department of Health to the MS Department of Agriculture and Commerce.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-03-16 - Approved by Governor [HB1333 Detail]
Download: Mississippi-2018-HB1333-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Agriculture
By: Representatives Morgan, Dixon
House Bill 1333
(As Passed the House)
AN ACT TO AMEND SECTIONS 41-3-18, 75-29-19, 75-29-21 AND 75-29-603, MISSISSIPPI CODE OF 1972, TO TRANSFER THE AUTHORITY OF INSPECTING HONEY AND HONEY PRODUCTS FROM THE STATE DEPARTMENT OF HEALTH TO THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ESTABLISH INSPECTION FEES FOR THE INSPECTION OF HONEY AND HONEY PRODUCTS; TO BRING FORWARD SECTIONS 75-29-601, 75-29-604, 75-29-605 AND 75-29-607, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-3-18, Mississippi Code of 1972, is amended as follows:
41-3-18. (1) The board shall assess fees in the following amounts and for the following purposes:
(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1................................... $ 30.00
Assessment Category 2................................... 100.00
Assessment Category 3................................... 150.00
Assessment Category 4................................... 200.00
(b) Private water supply approval fee........ $ 10.00
The board may develop such reasonable standards, rules and regulations to clearly define each assessment category. Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.
Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.
(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:
(a) Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
(b) Persons who make
infrequent casual sales of honey and who pack or sell less than five hundred
(500) gallons of honey per year, and those persons shall not be inspected by
the * * * Mississippi Department of Agriculture and Commerce
unless requested by the producer. However, if a producer requests an
inspection or if a person makes infrequent casual sales of honey and who pack
or sell more than five hundred (500) gallons of honey per year, those persons
shall pay the inspection fee established by the Mississippi Department of
Agriculture and Commerce.
(3) The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.
SECTION 2. Section 75-29-19, Mississippi Code of 1972, is amended as follows:
75-29-19. The State Board of Health is hereby charged with the enforcement of this chapter. However, as it relates to the regulation and sale of honey, the Mississippi Department of Agriculture and Commerce shall be charged with the enforcement of such practices. The State Board of Health shall have the authority to establish such rules and regulations not inconsistent with this chapter as will best carry its provisions into effect, unless regulation of food as defined in this chapter is otherwise authorized by law.
SECTION 3. Section 75-29-21, Mississippi Code of 1972, is amended as follows:
75-29-21. In the discretion of the State Board of Health, or in the case of honey, the Mississippi Department of Agriculture and Commerce, samples or specimens for analysis may be taken by duly qualified and sworn inspectors. Whenever practicable, samples shall be taken by representatives of the board. The Office of the State Chemist shall have primary responsibility for providing chemical, physical and microbiological analytical services in support of regulatory programs provided for herein.
SECTION 4. Section 75-29-601, Mississippi Code of 1972, is brought forward as follows:
75-29-601. (1) Every container of honey or honey products sold, offered or exposed for sale, by an individual, firm, organization or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint or embossed material on the container itself, plainly printed in the English language truly certifying the net contents of the container, the name, brand, name and address of the person or processor offering such honey or honey products for sale, and a true statement of the contents contained therein.
(2) It shall be unlawful for any individual, firm, organization or corporation to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as "pure honey" that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Artificial honey products not of one hundred percent (100%) pure honey shall be labeled in the English language as "artificial honey," and the word "artificial" shall be as prominently shown as the word "honey," and a list of the ingredients in the products and a percent by weight of each ingredient shall be shown on the label.
(3) It shall be unlawful for any manufacturer or distributor of honey or honey products to use a fictitious name or address on the container label required herein.
SECTION 5. Section 75-29-603, Mississippi Code of 1972, is amended as follows:
75-29-603. (1) The Mississippi Department of Agriculture and Commerce is hereby charged with the responsibility of enforcing this article and the Commissioner of Agriculture and Commerce or his representative shall be furnished samples of honey or honey products from the individual, firm, organization or corporation, upon request, and shall have such products analyzed by the State Chemist.
(2) The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any honey or honey products found to be in violation of this article. Upon written notice by the commissioner to the manufacturer or distributor of the honey or honey products sold in violation of this article, such honey or honey products shall be picked up by the manufacturer or distributor of such products and the buyer of the honey or honey products sold in violation of this article shall be refunded the purchase price by the manufacturer or distributor.
(3) The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article.
(4) The Commissioner of Agriculture and Commerce is authorized to establish fees for the inspection of honey or honey products sold within the state in a manner consistent with the categorical inspection fees assessed by the State Board of Health under Section 41-3-18.
SECTION 6. Section 75-29-604, Mississippi Code of 1972, is brought forward as follows:
75-29-604. (1) When a written complaint is made against a person for violation of this article, or any of the rules or regulations, the commissioner, or his designee, shall conduct a full evidentiary hearing. The complaint shall be in writing and shall be filed in the office of the department. The commissioner shall serve the accused with a copy of the complaint and a summons by any of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. Within thirty (30) days after receipt of the summons and a copy of the complaint, the accused shall file a written answer with the department. Upon receipt of the written answer of the accused, the matter shall be set for hearing before the commissioner within a reasonable time. If the accused fails to file an answer within the thirty (30) days, the commissioner may enter an order by default against the accused. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with the subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded. If the commissioner determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation has occurred, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than Five Thousand Dollars ($5,000.00) for each violation; (b) issue a stop sale order; (c) require the accused to relabel the honey or honey products that he is offering or exposing for sale which is not labeled in accordance with this article; or (d) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey and honey products and apply the proceeds of the sale to the costs and civil penalties levied with the balance to be paid to the accused. The decision of the commissioner, or his designee, shall be in writing, and it shall be delivered to the accused by certified mail.
(2) Either the accused or the department may appeal the decision of the commissioner to the circuit court of the county of residence of the accused or, if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant shall have the record transcribed and file it with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to circuit court. If no appeal is perfected within the required time, the decision of the commissioner shall then become final.
(3) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals.
(4) When any violation of this article, or the rules and regulations occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors, and any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties against the accused: (a) issue a stop sale order; (b) require the accused to relabel any honey or honey products that he is offering or exposing for sale and which is not labeled in accordance with this article; or (c) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey or honey products and apply the proceeds of the sale to the cost and any civil penalties levied with the balance to be paid to the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or his designee, who shall act as reviewing officer. If the accused makes a timely request, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within the thirty (30) days, then he will be deemed to have waived his right to the review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures in subsection (1) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. The appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.
(5) The Commissioner may publish the names and addresses of anyone who violates this article.
SECTION 7. Section 75-29-605, Mississippi Code of 1972, is brought forward as follows:
75-29-605. Any person violating the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; and each such violation shall constitute a separate offense.
SECTION 8. Section 75-29-607, Mississippi Code of 1972, is brought forward as follows:
75-29-607. Distributors are required to keep records of the names and addresses of the manufacturers whose honey they distribute for a period of three (3) years and to provide such information to the commissioner upon request in order to aid the commissioner in locating the source of adulterated honey.
SECTION 9. This act shall take effect and be in force from and after July 1, 2018.
