Bill Text: MS SB2700 | 2016 | Regular Session | Introduced

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Bill Title: Retail food establishment license; increase fees for.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [SB2700 Detail]

Download: Mississippi-2016-SB2700-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Accountability, Efficiency, Transparency; Agriculture

By: Senator(s) Fillingane

Senate Bill 2700

AN ACT TO AMEND SECTION 69-1-18, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE FOR A RETAIL FOOD ESTABLISHMENT LICENSE ISSUED BY THE COMMISSIONER OF AGRICULTURE AND COMMERCE; TO BASE THE AMOUNT OF THE FEE ON THE ON THE LEVEL OF FOOD SAFETY RISK, PROCEDURAL EFFORT AND INSPECTION TIME NEEDED FOR THE ESTABLISHMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 69-1-18, Mississippi Code of 1972, is amended as follows:

     69-1-18.  (1)  The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

          (a)  "Potentially hazardous food" means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:  the growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of salmonella enteritis.  "Potentially hazardous food" includes an animal food (of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; and cut melons.

          (b)  "Retail food establishment" means any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premise consumption.  Such food or food products may be exposed to varying degrees of preparation and may often need further preparation or processing after it has been purchased.  A retail food establishment does not include:

              (i)  An establishment that offers only prepackaged foods that are not potentially hazardous;

              (ii)  A produce stand that only offers whole, uncut fresh fruits and vegetables;

              (iii)  A food processing plant; and

              (iv)  A food establishment as defined by the Mississippi State Department of Health.

     (2)  The Commissioner of Agriculture and Commerce and his or her agents shall have the authority:

          (a)  To promulgate rules and regulations establishing certain sanitation requirements for retail food establishments;

          (b)  To conduct sanitation inspections in retail food establishments; and

          (c)  To publish the names and addresses of violators and such information pertaining to violation(s) of this section as he deems appropriate.

     (3)  (a)  Each retail food establishment, before engaging in business, shall obtain a license from the commissioner.  Owners of more than one (1) retail food establishment must obtain a license for each establishment.

          (b)  Retail food establishments shall be classified as follows based on level of risk, procedural effort and inspection time needed for each establishment:

              (i)  Tier 1 which includes retail food establishments that have a low food safety risk.

              (ii)  Tier 2 which includes retail food establishments that have an elevated food safety risk.  This tier includes retail food establishments that do not grind, cut or sell fresh meats but are nevertheless a public health concern because of the amount of potentially hazardous foods in these establishments and the large number of people who shop in these establishments on a daily basis.

              (iii)  Tier 3 which includes retail food establishments with a high food safety risk.  This tier includes retail food establishments with the potential to contribute to food borne illness on a large scale because of improper food temperatures, contaminated equipment, adulterated meats, unsafe food sources and poor employee hygiene.

          (c)  The commissioner may adopt reasonable standards, rules and regulations to further define the tiers established in paragraph (b) of this subsection.  The standards, rules and regulations shall be based on factors relating to public health implications of the tiers and the types of retail food service being utilized by retail food establishments.

          (d)  The fee for the license required by this paragraph shall be as follows:

              (i)  Twenty-five Dollars ($25.00) for retail food establishments classified as Tier 1;

              (ii)  Fifty Dollars ($50.00) for retail food establishments classified as Tier 2; and

              (iii)  One Hundred Dollars ($100.00) for retail food establishments classified as Tier 3.

          (e) * * *A license fee of Ten Dollars ($10.00) must be paid to the department before a license will be issued.  Application for * * *such licenses shall be made on forms prescribed and furnished by the commissioner.  Licenses issued under this subsection by the commissioner shall expire on June 30 each year and application for renewals * * *thereof shall be made annually before the expiration date.  Licenses shall not be transferable and application must be made for a new license if there is any change in location or ownership of the business.

     (4)  Any person who violates any provision of this law or the regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction, shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.

     (5)  The commissioner may impose administrative penalties for violation of this section.

     (6)  Any person found by the commissioner to be in violation of this section may be assessed a penalty in an amount of not more than Five Hundred Dollars ($500.00) and subsequent violations within a six-month period at a penalty of not more than One Thousand Dollars ($1,000.00).  In addition to, or in lieu of, * * *such these penalties the commissioner may suspend or revoke the * * *permit license issued to such person under terms of this section.

     (7)  (a)  When any violation of this section or the rules and regulations promulgated * * *hereunder under this section occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, the commissioner or any of the * * *department's Department of Agriculture and Commerce's field inspectors, or 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:

              ( * * *ai)  A stop sale order on any product in violation of this section;

              ( * * *bii)  An order to seize any product that is not in compliance with this section and require it to be denatured or destroyed under the supervision of the department's inspectors; or

              ( * * *ciii)  An order that the retail food establishment or any department within such establishment cease operations until it is in compliance with this section.

          (b)  The order shall be served upon the accused in accordance with Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail or it may be served by giving a copy of the order to the manager of the retail food establishment or, where no manager is present, an employee of the establishment.  The accused shall then have twenty (20) 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 the director's designee, who shall act as reviewing officer.  If the accused makes such a request within such time, the reviewing officer shall provide an informal administrative review to the accused within ten (10) days after * * *such the request is made.  If the accused does not request an informal administrative review within twenty (20) days, then he shall have waived his right to such review.  At the informal administrative review, 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 decisions shall be in writing, and it shall be delivered by certified mail.  If the accused is aggrieved by the order of the hearing officer, he or she may appeal to the commissioner for a full evidentiary hearing. * * *Such  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 the right to appeal.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.

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