HB 602 — Crawfish and seafood; provide country of origin labeling requirements for.

602 (As Sent to Governor) AN ACT TO AMEND SECTION 69-1-55, MISSISSIPPI CODE OF 1972, TO EXPAND THE COUNTRY OF ORIGIN LABELING LAW FOR CRAWFISH AND SHRIMP TO MAKE IT APPLICABLE TO CRAWFISH AND SEAFOOD, WHICH MEANS SALTWATER FINFISH, CRUSTACEANS, MOLLUSCAN SHELLFISH AND OTHER FORMS OF SALTWATER AQUATIC ANIMAL LIFE WHERE SUCH AQUATIC ANIMAL LIFE IS INTENDED FOR HUMAN CONSUMPTION;

TO PROVIDE THE COUNTRY OF ORIGIN DESIGNATIONS THAT MUST BE PROVIDED ON ANY CRAWFISH OR SEAFOOD LABEL, MENU, SALES DISPLAY OR OTHER ADVERTISEMENT;

TO ESTABLISH AND EMPOWER THE MISSISSIPPI SEAFOOD MARKETING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING SEAFOOD MARKETING AND SEAFOOD PRODUCTION IN THE WATERS OF MISSISSIPPI;

TO PROVIDE FOR THE COMPOSITION OF THE TASK FORCE;

TO PROVIDE FOR THE ORGANIZATION OF THE TASK FORCE;

TO PROVIDE FOR A REPORT WITH RECOMMENDATIONS;

(1) * * * It shall be unlawful for any person, firm or corporation, within this state who is a wholesaler, processor, retailer, or food service establishment that sells imported crawfish or * * * seafood to misrepresent to the public, eitherH. verbally, on a menu, or on a sign displayed on the premises, that the imported crawfish or * * * seafood is domestic.

H.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ G1/2 25/HR43/R183025/HR43/R1830SG PAGE 1 (ENK\KP) (2)either Forverbally, purposeson ofa thismenu, section,or theon followinga wordssign anddisplayed phraseson shallthe havepremises, that the meaningsimported ascrawfish definedor herein* unless* the* contextseafood clearlyis indicatesdomestic. otherwise:

(2) For purposes of this section, the following words and phrases shall have the meanings as defined herein unless the context clearly indicates otherwise:

If(c) any"Food foreignservice seafoodestablishment" ormeans crawfishany productplace, isvehicle added to or mixedvessel withwhere domesticfood product,is theprepared, seafoodstored, orheld, crawfishtransported, mustserved thenor bedispensed classifiedto asconsumers foreign product and labeledwhich accordingis toregulated theby country of origin for the foreigncollective product.agencies.

(c) "Domestic" means seafood or crawfish having a United States country of origin.

(d) "Food service establishment" means any place, vehicle or vessel where food is prepared, stored, held, transported, served or dispensed to consumers and which is regulated by the collective agencies.

(e)(d) "Label" means a display of written, printed or graphic matter upon or affixed to the container in which a seafood or crawfish product is offered for direct retail sale.

(e) "Menu" means any listing of food and/or beverage options for a diner or customer to select from regardless of its form.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ 25/HR43/R183025/HR43/R1830SG PAGE 2(ENK\KP) (f) "Menu""Person" means any listingindividual, ofpartnership, foodcorporation and/orand beverageassociation options for a diner or customerother tolegal selectentity. from regardless of its form.

(g) "Person""Processor" means any individual,person partnership,or corporationentity andengaged associationin handling, storing, preparing, manufacturing, packing or otherholding legalseafood entity.or crawfish products.

(h) "Processor""Retailer" means any person or entity engagedoffering infor handling,sale storing,seafood preparing,or manufacturing,crawfish packingproducts orto holdingfood seafoodservice orestablishments crawfishand products.to individual consumers.

(i) "Retailer" means any person or entity offering for sale seafood or crawfish products to food service establishments and to individual consumers.

(j)(i) "Seafood" means saltwater finfish, crustaceans, molluscan shellfish and other forms of saltwater aquatic animal life where such aquatic animal life is intended for human consumption.

(k)(j) "Wholesaler" means any person or entity offering for sale any seafood or crawfish product destined for direct retail sale.

( * * *3) A * * * wholesaler, processor, retailer or food service establishment * * * shall designate a * * * seafood or crawfish as having * * * one (1) of the following country of origin * * * designations:

* * * ( * * *a) "Domestic" if the * * * seafood or crawfish is harvested, hatched or raised in the waters of the United States, a state or a territory of the United States and processed H.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ 25/HR43/R183025/HR43/R1830SG PAGE 3(ENK\KP) (a)in "Farm-raised domestic" if the farm-raisedUnited *States, *a *state seafood or crawfisha isterritory hatched,of raised,the harvestedUnited andStates processed* in* the*; United States;

*or * * (b) "Wild-caught"Imported" domestic" if the * * * wild-caught * * * seafood or crawfish is harvested in waters outside of the territorial waters of the United States, a state or a territory outside of the Unitedterritorial Stateswaters andof processed in the United States, aor stateis orhatched, araised, territoryharvested and/or processed outside of the United StatesStates. * * *;

orIf (c)any "Foreign"imported if the seafood or crawfish product is harvestedadded into waters outside of the territorial waters of the United States, a state or amixed territorywith outsidedomestic ofproduct, the territorialseafood waters of the United States, or iscrawfish hatched,must raised,then harvestedbe and/orclassified processedas outside"imported" ofproduct. the United States.

(4) If the seafood or crawfish originated in a foreign country outside of the territorial waters of the United States, the wholesaler, processor, retailer or food service establishment shall provideidentify the countryproduct ofas origin"imported" on the label, menu, sales display or any other form of advertisement, in a font that is at least the same size as the name of the seafood or crawfish being sold or promoted.

(5) If a wholesaler, processor, retailer or food service establishment offers for sale only wild-caught domestic seafood, then the wholesaler, processor, retailer or food service establishment may disclose this in a prominent location on the H.premises.

In the case of a food service establishment, this disclosure may be in lieu of disclosure on the menu.

(6) Any individual or entity who supplies seafood or crawfish to a wholesaler, processor, retailer or food service H.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ 25/HR43/R183025/HR43/R1830SG PAGE 4(ENK\KP) premises.establishment shall maintain a verifiable record-keeping audit trail that permits the collective agencies to verify compliance with this law and any regulations promulgated hereunder.

In the case of a food service establishment, this disclosure may be in lieu of disclosure on the menu.

(6) Any individual or entity who supplies seafood or crawfish to a wholesaler, processor, retailer or food service establishment shall maintain a verifiable record-keeping audit trail that permits the collective agencies to verify compliance with this law and any regulations promulgated hereunder.

( * * *8) * * * (a) Any wholesaler, processor, retailer or food service establishment, who violates or fails or refuses to comply with any provision of this chapter or regulation adopted H.pursuant to this chapter in relation to seafood or crawfish, may be subject to civil penalties to be assessed and levied by the collective agencies after a finding by the collective agencies that a violation has occurred.

Violations pertaining to different H.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ 25/HR43/R183025/HR43/R1830SG PAGE 5(ENK\KP) pursuanttypes toof this chapter in relation to seafood or crawfish,crawfish may be subjectcharged toas civilseparate penaltiesviolations. to be assessed and levied by the collective agencies after a finding by the collective agencies that a violation has occurred.

Violations pertaining to different types of seafood or crawfish may be charged as separate violations.

Failure to correct the violation within three (3) days shall result in a violation with a fine in the amount of not less than H.Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00);

and H.

602 *HR43/R1830**HR43/R1830SG* ~ OFFICIAL ~ 25/HR43/R183025/HR43/R1830SG PAGE 6(ENK\KP) Five(ii) HundredSecond DollarsViolation. ($500.00) or more than One Thousand Dollars ($1,000.00);