Mississippi 2026 Regular Session

Mississippi Senate Bill SB2398

Introduced
1/19/26  
Refer
1/19/26  

Caption

Cottage foods; eliminate annual gross sale cap and internet sale restrictions.

Impact

The bill amends existing laws governing cottage food operations, particularly concerning online sales. It permits these businesses to engage in online marketing and advertising of their food products, although direct sales through the internet remain constrained. The flexibility granted by this bill is anticipated to encourage entrepreneurship within the food industry, particularly for individuals operating cottage food businesses out of their homes. By easing restrictions, the legislation aims to enhance local economies and culinary diversity.

Summary

Senate Bill 2398 proposes amendments to Section 75-29-951 of the Mississippi Code of 1972, focusing primarily on cottage food operations. The most significant change introduced in this bill is the elimination of the annual gross sales limit of $35,000 for cottage food operations, allowing these businesses to remain exempt from food establishment permit fees without being restricted by sales ceilings. This renewal enables small-scale producers to expand their operations without the added financial burden of permit fees, which can inhibit growth and profitability.

Contention

While proponents argue that SB2398 will foster economic development and support small food entrepreneurs, there are notable points of contention. Critics may express concern over the potential for reduced food safety standards, given that cottage food operations are specifically noted to be exempt from certain regulations that ensure food safety. The existing labeling requirements—and the stipulation that the products are made in operations not subjected to stringent food safety regulations—may invoke debate about consumer health and the oversight of food products sold under such exemptions.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2265

Cottage foods; further define and increase sellers allowed annual gross sales amount to $59,000.00.

MS HB1024

Sales tax; phase out on retail sales of certain food.

MS HB734

Sales tax; reduce rate on retail sales of certain food.

MS HB48

Sales tax; exempt retail sales of certain food.

MS HB1407

Mississippi On-Farm Sales and Food Freedom Act; create.

MS SB2106

Sales tax; exempt sales of tangible personal property and veterinary services to 501(c)(3) animal shelters.

MS HB304

Sales tax; exempt certain retail sales of electronic devices/educational software and sales of feminine hygiene products.

MS HB248

Sales tax; revise exemption for sales of food to certain charitable organizations.

MS SB2074

Sales tax; exempt sales of feminine hygiene products, baby formula and baby diapers.

MS SB3127

Sales tax; exempt sales of baby formula and baby diapers.

Similar Bills

No similar bills found.