BILOXI — With Mississippi’s new seafood labeling law set to take effect July 1, restaurant owners and seafood sellers are trying to understand how to comply — and what could happen if they don’t.
House Bill 602 requires all seafood and crawfish sold in the state to be clearly labeled as either “domestic” or “imported.” That includes signage, packaging, online listings and menus.
During a recent public meeting hosted by the Mississippi Department of Marine Resources, many business owners said they were still unclear on how exactly to follow the rules.
The law applies to restaurants, seafood markets, wholesalers and online retailers. Labels must appear at the point of sale in a font at least as large as the product name. For dishes containing a mix of imported seafood, like gumbo, the item must be marked “imported.”
Enforcement is shared between two agencies: the Department of Marine Resources in coastal counties and the Department of Agriculture and Commerce in northern Mississippi.
The marine resources department shared examples of chalkboard menus and signage to show what compliance might look like in practice.
Enforcement
Patrick Levine, the department’s chief of operations, said enforcement will focus on whether customers can make an informed decision.
“It boils down to one thing — can somebody make an informed decision on what they’re purchasing? Do I know what I’m buying?” Levine said.
Joe Spraggins, the department’s executive director, told businesses his agency plans to work with them.
“As long as you’re trying to help correct it, there’s not going to be any issues,” Spraggins said. “It’s a situation — we know we got to walk before we run.”
Spraggins explained that enforcement will depend on the business owner’s intent.
“If you’re not trying to deceive them, we’re not trying to hurt you,” he said. “If you’re trying to deceive someone, that’s when you’re going to get hurt … if our officer walks in and says that, they’re gonna listen and say, ‘Yeah, this makes sense. Now try to correct it as quick as you can.’”
Violators may face civil fines, starting at $500 for a first offense and rising to $10,000 or more for repeat violations. A first-time violator will be given three days to correct the problem before being fined.
Restaurant owners react
One restaurant owner asked if they could signify imported and domestic items using an “I” or “D,” similar to how menus mark dietary restrictions.
The department responded that it depends on the context and “intent”.
That focus on intent didn’t ease concerns, according to one attendee who said the law is too vague.
“That’s the problem with this bill; it’s up to your interpretation or your interpretation,” the restaurant owner said, pointing to various department officials. “This bill is not very clearly written.”
That same owner described how her small business tried to comply with the new law. Before printing new menus, she said she contacted lawmakers for guidance — including using an asterisk to identify imported items.
“We printed new menus about a month and a half ago. I contacted three state senators and two House representatives and said, ‘Explain this bill to me.’ None of them could explain it … but they all agreed that [our asterisk disclaimer] would be okay.”
Now, she said, the restaurant doesn’t plan to reprint the menus.
“We’re a small restaurant. We only spent $3,000 on our menus — but we’re not reprinting them anytime soon,” she said.
Not all business owners are concerned. Kyle Taranto, co-owner of Taranto’s Seafood in Biloxi, said his restaurant already informs customers when seafood is imported.
“I mean, to us, it’s not really a big deal,” Taranto said. “You know, like treat your customers right … if there are no customers, this isn’t going to be a thing anymore … you got to be respectful of them.”
Taranto said his restaurant sells imported products but discloses the source up front.
“Like we sell Argentina reds, you know what I’m saying? But they’re wild caught,” he said. “I mean, there’s still shrimpers going out there and catching it … and you tell them ahead of time.”
State agencies say feedback will shape future changes
State officials said the rollout is still ongoing, and while they don’t have all the answers right now, a group will be assigned to review feedback and recommend updates.
“There’s going to be a task force and some folks that will come together that are going to talk about how they can recommend some possible changes to legislation,” Levine said. “How to make it better, possible regulation that would help to move forward with this project.”
Levine said one of those considerations will be the proposed “I” and “D” shorthand.
Spraggins also told attendees the department doesn’t expect businesses to get everything right on day one.
“We’re not going to argue too much,” he said. “We’re not trying to get that deep in the weeds with you here. We’re trying to get you to walk across the stage one time. We’re not trying to get you to dance right now.”
The Department of Marine Resources will host two additional public information sessions for restaurant owners and seafood sellers:
— Thursday, June 26 at 9 a.m.
— Tuesday, July 1 at 2 p.m.
Both sessions will be held at the Bolton Building auditorium in Biloxi and livestreamed on the department’s YouTube channel. No registration is required.
Frequently asked questions and a courtesy inspection request form are available on the department’s seafood labeling website.