Information to consumers, retailers or food service establishments; record keeping audit

Miss. Code Ann. § 75-36-15, under Food Products Offered for Sale or Sold at a Food Processing Plant, Retail or Food Establishment.

Miss. Code Ann. § 75-36-15

(1) All retail and food service establishments of food products, meats, meat-food products, cultivated-protein food products, manufactured-protein food products, insect-protein food products and plant-protein food products shall inform consumers, at the final point of sale, of the products’ authenticity as a meat or nonmeat product with appropriate labeling indicating such. Notwithstanding the above reference to regulation, labeling, and recordkeeping for cultivated-protein food products, nothing contained herein is meant to legalize or authorize the manufacture or sale of such products, which are specifically made illegal by Section 75-35-15(4).

(2) The methods of notification required under subsection (1) shall be accomplished as follows:(a) Retailers shall provide information to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the meat or nonmeat product or on the package, display, holding unit or bin containing the meat or nonmeat at the final point of sale to consumers. If the product is already individually labeled for retail sale regarding its authenticity as a meat or nonmeat product, the retailer shall not be required to provide any additional information to comply with this section.(b) Food service establishments shall provide information to the consumer by indications on the menu of the food service establishment. For inauthentic meat items derived from cultivated-protein food products, manufactured-protein food products, insect-protein food products and plant-protein food products, the information shall be adjacent to the item on the menu and printed in the same font style and size as the item. If the food service establishment offers for sale only authentic meat and meat-food products as defined in Section 75-33-3, then the food service establishment may generally disclose this in a prominent location in the food service establishment in lieu of disclosure on the menu. The signage disclosing the sale of only authentic meat and meat-food products, that is to be placed in a prominent location in the food service establishment, shall be approved by the Mississippi Department of Agriculture and Commerce, which shall be held harmless in a cause of action for a retail or food service establishment’s failure to disclose or fraudulent disclosure. Any liability arising from failure to disclose authenticity shall remain with the processor, distributor, wholesaler and the retail or food service establishment.

(a) Retailers shall provide information to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the meat or nonmeat product or on the package, display, holding unit or bin containing the meat or nonmeat at the final point of sale to consumers. If the product is already individually labeled for retail sale regarding its authenticity as a meat or nonmeat product, the retailer shall not be required to provide any additional information to comply with this section.

(b) Food service establishments shall provide information to the consumer by indications on the menu of the food service establishment. For inauthentic meat items derived from cultivated-protein food products, manufactured-protein food products, insect-protein food products and plant-protein food products, the information shall be adjacent to the item on the menu and printed in the same font style and size as the item. If the food service establishment offers for sale only authentic meat and meat-food products as defined in Section 75-33-3, then the food service establishment may generally disclose this in a prominent location in the food service establishment in lieu of disclosure on the menu. The signage disclosing the sale of only authentic meat and meat-food products, that is to be placed in a prominent location in the food service establishment, shall be approved by the Mississippi Department of Agriculture and Commerce, which shall be held harmless in a cause of action for a retail or food service establishment’s failure to disclose or fraudulent disclosure. Any liability arising from failure to disclose authenticity shall remain with the processor, distributor, wholesaler and the retail or food service establishment.

(3) The commissioner may require that any person that prepares, stores, handles or distributes food products, meats, meat-food products, cultivated-protein food products, manufactured-protein food products, insect-protein food products and plant-protein food products for retail sale maintains a verifiable record-keeping audit trail that permits the commissioner to verify compliance with this chapter and any regulations promulgated hereunder.

(4) Any distributor or wholesaler engaged in the business of supplying cultivated-protein food products, manufactured-protein food products, insect-protein food products and plant-protein food products to a retailer or food service establishment shall provide information to the retailer or food service establishment indicating the authenticity of product as a meat or nonmeat.