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| 1 | 1 | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division B By: Senator(s) Norwood Senate Bill 2350 AN ACT TO PROHIBIT RETAIL FOOD ESTABLISHMENTS FROM IMPOSING COST-PLUS PRICING FORMULAS WITHOUT PUBLICLY POSTING NOTICE OF THE COST-PLUS PRICING FORMULA; TO PROVIDE A PENALTY FOR THE CRIME; TO PROVIDE THAT A VIOLATION OF THE SECTION SHALL CONSTITUTE AN UNLAWFUL TRADE PRACTICE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) A retail food establishment may not impose a cost-plus pricing formula on grocery items without publicly posting notice of the cost-plus pricing formula. Notice shall be sufficient under this subsection if the amount of surcharge to be added to grocery items is conspicuously displayed at the retail food establishment: (a) A sign on the front sidewalk within fifteen (15) feet of each entrance; and (b) On a sign inside each entrance. (2) As used in this section: (a) "Retail food establishment" means any establishment as defined by Section 69-1-18(1)(b). (b) "Cost-plus pricing formula" means a formula in which the seller marks items at the item cost and imposes a surcharge in addition to the cost of the item. SECTION 2. (1) Any person who violates this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) or shall be imprisoned in the county jail not exceeding one (1) year, or both. (2) Any violation of this act constitutes an unlawful trade practice under Section 75-24-5 and, in addition to any remedies or penalties set forth in this act, shall be subject to any remedies or penalties available for a violation of that statute. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. | |
| 2 | 2 | ||
| 3 | 3 | MISSISSIPPI LEGISLATURE | |
| 4 | 4 | ||
| 5 | 5 | 2025 Regular Session | |
| 6 | 6 | ||
| 7 | 7 | To: Judiciary, Division B | |
| 8 | 8 | ||
| 9 | 9 | By: Senator(s) Norwood | |
| 10 | 10 | ||
| 11 | 11 | # Senate Bill 2350 | |
| 12 | 12 | ||
| 13 | 13 | AN ACT TO PROHIBIT RETAIL FOOD ESTABLISHMENTS FROM IMPOSING COST-PLUS PRICING FORMULAS WITHOUT PUBLICLY POSTING NOTICE OF THE COST-PLUS PRICING FORMULA; TO PROVIDE A PENALTY FOR THE CRIME; TO PROVIDE THAT A VIOLATION OF THE SECTION SHALL CONSTITUTE AN UNLAWFUL TRADE PRACTICE; AND FOR RELATED PURPOSES. | |
| 14 | 14 | ||
| 15 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: | |
| 16 | 16 | ||
| 17 | 17 | SECTION 1. (1) A retail food establishment may not impose a cost-plus pricing formula on grocery items without publicly posting notice of the cost-plus pricing formula. Notice shall be sufficient under this subsection if the amount of surcharge to be added to grocery items is conspicuously displayed at the retail food establishment: | |
| 18 | 18 | ||
| 19 | 19 | (a) A sign on the front sidewalk within fifteen (15) feet of each entrance; and | |
| 20 | 20 | ||
| 21 | 21 | (b) On a sign inside each entrance. | |
| 22 | 22 | ||
| 23 | 23 | (2) As used in this section: | |
| 24 | 24 | ||
| 25 | 25 | (a) "Retail food establishment" means any establishment as defined by Section 69-1-18(1)(b). | |
| 26 | 26 | ||
| 27 | 27 | (b) "Cost-plus pricing formula" means a formula in which the seller marks items at the item cost and imposes a surcharge in addition to the cost of the item. | |
| 28 | 28 | ||
| 29 | 29 | SECTION 2. (1) Any person who violates this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) or shall be imprisoned in the county jail not exceeding one (1) year, or both. | |
| 30 | 30 | ||
| 31 | 31 | (2) Any violation of this act constitutes an unlawful trade practice under Section 75-24-5 and, in addition to any remedies or penalties set forth in this act, shall be subject to any remedies or penalties available for a violation of that statute. | |
| 32 | 32 | ||
| 33 | 33 | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |