Prohibition; civil penalty; contest; appeal

Miss. Code Ann. § 75-36-9, under Food Products Offered for Sale or Sold at a Food Processing Plant, Retail or Food Establishment.

Miss. Code Ann. § 75-36-9

(1) No entity subject to the provisions in this chapter shall misbrand a food product as a meat product as provided in Section 75-36-5 as determined by the department.

(2) No person shall manufacture, sell or offer for sale in this state any cell-cultured dairy product as defined in Section 75-36-1.

(3) A food processing plant, retail or food establishment violating subsections (1) or (2) of this section is subject to a civil penalty of not more than Five Hundred Dollars ($500.00), per day for all violations. Each day shall constitute a continuing violation subject to an additional Five Hundred Dollars ($500.00) per day penalty. The total penalties for violations arising out of the same transaction or occurrence shall not exceed Ten Thousand Dollars ($10,000.00). Civil penalties collected under this subsection shall be deposited in the State General Fund.

(4) Any entity having been found to be in violation may contest the civil penalty imposed by the department through judicial review.

(5) An appeal from the decision of the department to impose a civil penalty shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides, or in the case of a nonresident accused, in the Circuit Court of the First Judicial District of Hinds County. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall be on the record and otherwise be conducted in accordance with existing laws and rules.

(6) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.