AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, TO REMOVE THE CAP ON THE ANNUAL GROSS SALES ALLOWED; TO AUTHORIZE SALES TO BE MADE ONLINE BY MAIL ORDER, AT WHOLESALE, THIRD-PARTY RETAIL ESTABLISHMENTS OR THROUGH AN AGENT OF THE PRODUCER OF THE COTTAGE FOOTAGE, WHICH ARE DELIVERED DIRECTLY TO CONSUMERS IN THE STATE; AND FOR RELATED PURPOSES.
HB910 amends Mississippi’s cottage food law to expand how cottage food operations may sell their products and to remove the current annual gross sales cap. Under current law, cottage food operations are exempt from certain permitting requirements only if annual gross sales do not exceed $35,000. The bill removes that cap, while keeping the rest of the cottage food framework in place, including labeling requirements, the definition of cottage foods as nonpotentially hazardous foods, and the rule that these operations are not subject to Mississippi’s food safety regulations in the same way as permitted food businesses.
The bill also authorizes cottage food products to be sold online, by mail order, at wholesale, to third-party retail establishments, or through an agent of the producer, so long as the products are delivered directly to consumers in Mississippi. It preserves the ability to advertise online, including through social media, and continues to require prepackaged products with specific label disclosures such as ingredients, allergens, net weight, and a notice that the product was made in a cottage food operation not subject to Mississippi’s food safety regulations. The act takes effect July 1, 2026.
HB910 would amend Section 75-29-951 of the Mississippi Code governing cottage food operations. Its main legal effect is to eliminate the $35,000 annual gross sales limit tied to the cottage food exemption from permitting under Section 41-3-18, potentially allowing larger cottage food businesses to remain under the cottage food framework rather than moving into the permitted food business category. It also expands authorized sales channels to include internet, mail order, wholesale, third-party retail, and sales through agents for direct delivery to in-state consumers, while leaving inspection authority, complaint-based enforcement, labeling rules, and the exclusion for permitted food operations intact.
The bill appears to have received strong support in the House, passing 108-6 on February 10, 2026. The broad margin suggests generally favorable sentiment toward expanding market access and growth opportunities for cottage food producers. No committee transcript was provided, so there is no recorded debate to indicate broader concerns beyond the recorded vote.
The main points of contention likely center on food safety oversight, consumer protection, and the competitive impact of allowing cottage food products to be sold through broader commercial channels without the same permitting requirements as other food businesses. Supporters are likely to view the bill as a small-business and home-based entrepreneurship measure that modernizes sales methods and removes a revenue ceiling. Potential opponents may be concerned that removing the sales cap and allowing wholesale or third-party retail distribution could blur the line between cottage food operations and regulated food establishments, even though the bill preserves labeling requirements and complaint-based inspections.