SEC. 75-31-145. Manufacturer's license; distributor's license for products manufactured out-of-state; retail establishment license; fees; terms; inspection reports and letters of certification for out-of-state manufacturers.

(1) Every person, firm, association or corporation, before engaging in the business of manufacturing or freezing frozen desserts or imitation frozen desserts or any other product manufactured or sold in semblance of frozen desserts, regardless of the name under which such product is sold, shall obtain a license from the Commissioner of Agriculture and Commerce. A license shall be obtained for each plant or place of business where frozen desserts or imitation frozen desserts or products made in semblance of frozen desserts are manufactured or frozen; provided, however, if the manufacturing facility is located outside the State of Mississippi and such frozen desserts, imitation frozen desserts or products in semblance of frozen desserts are distributed in the state by a person, firm, association or corporation other than such frozen desserts manufacturer, a license shall be obtained by both the manufacturer and the distributor. A license shall be obtained for each frozen desserts plant where frozen desserts, imitation frozen desserts or products made in semblance of frozen desserts are manufactured or frozen and for each distributor of such products as provided herein.

The fee for each such license shall be Fifty Dollars ($50.00). Application for license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder shall expire on June 30 each year or until such time as it may be suspended or revoked for cause as provided in Sections 75-31-125 through 75-31-151. Such license shall not be transferable, and a new license shall be issued if there is any change in the location or ownership of the business.

(2) Each frozen desserts retail establishment, before engaging in the business of freezing or partially freezing any frozen desserts defined herein, shall obtain a license from the commissioner for each place of business or facility where such business is conducted. Such licensing requirement shall not apply to private homes, churches, schools or fraternal organizations manufacturing such products for their own use nor to retailers purchasing such products only in the final frozen form from a licensed frozen desserts manufacturer. The fee for each such license shall be Five Dollars ($5.00). Application for license shall be made on forms prescribed and furnished by the commissioner, and the license fee shall be paid to the commissioner with each application submitted to him. Licenses issued pursuant to this subsection by the commissioner shall expire on June 30 each year and application for renewals thereof shall be made annually prior to expiration date. Such licenses shall not be transferable and application must be made for a new license if there is any change in the location or ownership of the business.

(3) Manufacturers located outside the State of Mississippi making application for license as provided herein shall cause the appropriate state regulatory agency or jurisdiction responsible for the inspection of such manufacturing facility for which license application is made to supply the commissioner with, a minimum of three (3) inspection reports for the immediate past period of twelve (12) months, or cause such regulatory agency or jurisdiction to supply the commissioner with a letter certifying that such manufacturing facility is in full compliance with all applicable sanitation laws and/or regulations. A license shall not be issued until such inspection reports or letter of certification showing the facility to be in compliance with accepted standards is received and approved by the commissioner.

SOURCES: Laws, 1982, ch. 328, Sec. 11. Laws, 1993, ch. 404, Sec. 2, eff from and after passage (approved March 15, 1993).

1997 Amendment

Sections 75-31-125 through 75-31-151, Mississippi Code of 1972, which provide for the Mississippi Frozen Desserts Act of 1982, are repealed.

SOURCE: 1997 Laws, Chapter 334, Sec. 3, HB996, Effective July 1, 1997.