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State Report
GoodIJ Grade C+

Mississippi Cottage Food Law Report

Complete reference for Mississippi's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Mississippi Code 1972 §75-29-951 - Regulation of Cottage Food Operations (Title 75, Chapter 29, Article 21)

Citation: Miss. Code Ann. §75-29-951 · Last amended 2020 · Confidence: high
Verbatim Excerpt

(1)(a) A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed Thirty-five Thousand Dollars ($35,000.00). (b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales. (2) A cottage food operation may not sell cottage food products over the Internet, by mail order, or at wholesale or to a retail establishment; however, this does not prohibit the advertising of cottage food products over the Internet, including through social media. Cottage food products are nonpotentially hazardous food products as defined by the department. (3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: (a) The name and address of the cottage food operation; (b) The name of the cottage food product; (c) The ingredients of the cottage food product, in descending order of predominance by weight; (d) The net weight or net volume of the cottage food product; (e) Allergen information as specified by federal labeling requirements; (f) Appropriate nutritional information as specified by federal labeling requirements, if any nutritional claim is made; and (g) The following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations." (5)(b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this section and department rules.

Source: law.justia.com/codes/mississippi/title-75/chapter-29/article-21/section-75-29-951/
Allowed Foods (Summary)

Nonpotentially hazardous food products as defined by the Mississippi State Department of Health, including baked goods (breads, cakes, cookies, pies, donuts), candies, condiments (mustards, nut butters, pickles, vinegars), dry goods (cereals, dried fruit, mixes, pasta, spices), fermented foods, pastries, preserves (jams, jellies), and snacks (caramel corn, chocolate-covered items, crackers, granola, kettle corn, marshmallows, nuts, popcorn). Certain items may require lab testing to confirm non-PHF status.

Prohibited Foods (Summary)

Potentially hazardous foods requiring refrigeration are prohibited. Internet sales, mail order, wholesale, and retail establishment sales are prohibited. Nut butters and juices have been flagged as prohibited by the health department. Perishable baked goods are not permitted.

Labeling Requirements (Summary)

All cottage food products must be prepackaged with a label containing: the name and address of the cottage food operation; the product name; ingredients in descending order by weight; net weight or volume; allergen information per federal requirements; nutritional information if any nutritional claim is made; and the statement in at least 10-point type: 'Made in a cottage food operation that is not subject to Mississippi's food safety regulations.'

Sales Cap

35000

Tier

Good (IJ Grade C+)

Counties Tracked

15

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Mississippi State Department of Healthand your local health department before relying on this data.