Mississippi SB 2007: Raw milk; allow the personal consumption and individual sale of.

Bill Text

S. B. No. 2007 *SS08/R359* ~ OFFICIAL ~ G1/2
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To: Agriculture
MISSISSIPPI LEGISLATURE REGULAR SESSION 2025

By: Senator(s) Hill

SENATE BILL NO. 2007

AN ACT TO AMEND SECTION 75-31-65, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE CONSTRUCTION OF THE PROVISIONS OF LAW 2
REGULATING MILK AND MILK PRODUCTS SHALL NOT BE DEEMED TO PROHIBIT 3
ANY INDEPENDENT OR PARTIAL OWNER OF ANY COW, GOAT OR SHEEP FROM 4
USING THE MILK FROM SUCH ANIMAL FOR THE OWNER'S PERSONAL 5
CONSUMPTION OR OTHER PERSONAL USE; TO ALLOW THE SALE OF RAW MILK 6
ON FARMS SO LONG AS THE SALE IS NOT FOR INSTITUTIONAL USE; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 75-31-65, Mississippi Code of 1972, is 10
amended as follows: 11
75-31-65. (1) The State Board of Health shall: 12
(a) Exercise general supervision over the production, 13
processing and sale of milk and milk products and the processing 14
and sale of frozen desserts * * *; 15
(b) Adopt, modify, repeal and promulgate rules and 16
regulations, after due notice and hearing, and, where not 17
otherwise prohibited by federal law or state law, make exceptions 18
to, grant exemptions from and enforce rules and regulations 19
implementing or effectuating the duties of the board under this 20
section to protect the public health * * *; and 21

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(c) Use the most current edition of the Pasteurized 22
Milk Ordinance, or its successor, as the basis for * * * 23
regulating Grade "A" milk and milk products. Unless * * * 24
otherwise provided by law, the board, in its discretion, may 25
amend, modify or make additions to the Pasteurized Milk Ordinance 26
if the board determines that such amendment, modification or 27
addition is in the best interest of public health. 28
(2) The board shall assess fees in the following amount and 29
for the following purpose: 30
Milk product processing plant annual permit fee............$300.00 31
Frozen dessert processing plant annual permit fee..........$300.00 32
Any increase in the fees charged by the board under this 33
subsection shall be in accordance with the provisions of Section 34
41-3-65. 35
The fees authorized under this subsection shall not be 36
assessed for milk or frozen dessert processing plants operated by 37
public schools, by public junior colleges or by state agencies or 38
institutions, including, without limitation, the state 39
institutions of higher learning. 40
(3) Incidental sales of raw * * * milk shall be legal if: 41
(a) The milk is sold directly to the consumer on the 42
premises where the milk is produced; 43
(b) No more than nine (9) producing cows, goats or 44
sheep are located on the premises where the milk is produced; 45

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(c) The person selling the raw milk does not advertise 46
the milk for sale and provides adequate notice to potential 47
consumers of the inherent risks associated with the consumption of 48
unprocessed dairy products; and 49
(d) The following conditions, which apply to the 50
milking of cows, goats and sheep involved in legal incidental 51
sales of raw * * * milk, are satisfied: 52
(i) The milking takes place in a clean environment 53
on a cement or comparable floor; 54
(ii) The milking place is enclosed by a wall 55
and/or a screen to prevent insects from entering the milking area; 56
(iii) A fly strap is located in the milking area; 57
and 58
(iv) Sterile containers are used in the milking 59
process and for storage. 60
It shall not be unlawful to store raw cow, goat or sheep milk 61
in a separate sterile place from pasteurized cow, goat or sheep 62
milk. The Cooperative Extension Service at Alcorn State 63
University shall publish and make available literature on the 64
requirements of this subsection, and other related milk * * * 65
maintenance, explaining the recommended care of milk cows, goats 66
or sheep, and the process of cow, goat or sheep milk production 67
and other related subjects. For the purposes of this subsection, 68
the term "incidental sales" means sales from a farm where not more 69
than nine (9) cows, goats or sheep are producing milk. 70

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(4) For purposes of this section, the term "person" includes 71
an individual, firm, partnership, association or corporation, 72
foreign or domestic. 73
(5) All fees collected by the board under this section shall 74
be paid into a special fund within the Department of Health to be 75
used by the department to discharge its duties under this section. 76
(6) Any person coming within the provisions of this section 77
who fails to comply with or violates any of the provisions of this 78
section or regulations promulgated thereunder, unless otherwise 79
specifically provided in this section, is guilty of a misdemeanor 80
and, upon conviction, shall be fined n