Selling certain products in Mississippi requires that you ensure compliance with local product regulations – covering labeling, recycling, testing, and other requirements. In this guide, we introduce you to product regulations in Mississippi applicable to lead-acid batteries, jewelry, and factory-built homes.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Mississippi. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
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Mississippi Lead-Acid Battery Laws
The Mississippi Lead-Acid Battery Laws set out the requirements for the collection and recycling of lead-acid batteries. They cover topics such as the disposal of lead-acid batteries, duties of retailers and sellers, and the distribution notice requirement.
Lead-acid batteries are commonly used in small-scale power storage systems such as lighting or automobile ignition. Here are some examples of products that use lead-acid batteries:
- Uninterruptible power supply (UPS) system
- Emergency lighting
- Temporary traffic signals
- Golf carts
- Solar panels
The laws set out the requirements for lead-acid batteries as below:
a. No person should place a lead-acid battery in mixed municipal solid waste
b. Lead-acid battery’s sellers should accept used lead-acid batteries from customers
c. Lead-acid batteries should include specific statements as outlined in the next section
The laws set out the labeling requirement for lead-acid batteries as below:
a. All sold acid batteries should bear a universally accepted recycling symbol
b. Lead-acid batteries should include the following statements, which must have a size of at least 8.5x 11 inches:
“It is illegal to discard a motor vehicle battery or other lead-acid battery”
“Recycle your used batteries”
“State law requires us to accept used motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased”
Manufacture and Sale of Jewelry and Optical Equipment
The Mississippi Code Title 75 covers jewelry auctions and the sale of optical equipment, such as sunglasses and other eyewear. It covers prohibitions in jewelry auctions and visual requirements of sunglasses.
The code covers both jewelry and optical equipment. Here are some examples of covered products:
The code sets out the requirements for both jewelry auction and the sale of optical equipment as below:
a. It’s unlawful to sell or dispose of jewelry products (e.g gold, silver, or plated ware) during a public auction
b. Companies should provide a full and complete inventory report to the clerk of the chancery court before the jewelry auction
c. Companies conducting such jewelry auctions should be truthful in marking or describing the quantity, size, grade, or value
d. No person should fabricate, sell, or offer eyeglasses or sunglasses unless they are fitted with plastic lenses, laminated lenses, or glass lenses that have a minimum center thickness of 2 millimeters
Installation or Sale of Certain Untested Devices Prohibited
The Mississippi Code Title 75 prohibits the installation or sale of untested hot water supply storage tanks, heaters, and similar products. It also sets out the testing requirements for covered products.
The code covers devices such as:
- Hot water supply storage tanks
- Heaters (120-gallon capacity or less)
- Water baffles
- Heat traps
The code sets out the following requirements:
a. Covered products should be tested to withstand 225 degrees Fahrenheit without deteriorating in any manner
b. Tanks, heaters, water baffles, or heat traps should be labeled with a conformity statement
The code states that manufacturers should include a label with a conformity statement such as;
“This device has been tested to withstand 225 degrees Fahrenheit without deteriorating in any manner”.
Manufacturers should ensure that covered devices comply with the requirements of the code. They should contact a reputable lab testing company and perform the relevant tests before placing the products on the market.
The Mississippi Code Title 75 sets out the requirements for factory-built homes, such as panelized homes and modular homes. It authorizes the state commissioner for safety examinations and requires compliance with federal standards.
The code covers different kinds of factory-built homes, such as:
- Mobile homes
- Modular homes
- Panelized homes
- Pre-cut homes
The code sets out the requirements as below:
a. The state commissioner is authorized to investigate and examine engineering and construction practices and techniques
b. All manufactured homes should meet the requirements set forth in the Federal standard 24 CFR Section 3280
Manufacturers should verify compliance with applicable federal standards for their factory-built homes. There are some testing companies that offer these testing services, for example, SGS and Intertek.
Paints, Varnishes, and Similar Materials
The Mississippi Code Title 75 sets out the requirements for paints, varnishes, and similar materials placed in the market. It covers topics such as labeling requirements and prohibition of sales for misbranded products.
The code defines paint as “all substances that are intended for use as a paint or as components of paints”. Here are some examples of the covered products:
- Household use paints
- Implement paints
- Ready-mixed paints
The code sets out the requirements as below:
a. Covered products or their container should bear a label printed in legible type in English
b. Insufficient labeling should be deemed to be misbranded and manufacturers are prohibited to offer or sell these products
c. The state chemist should have access to examine the paint products for any safety concern
Manufacturers should not offer or sell any covered products with insufficient labeling information. Here is some information that should be included in the label:
- The kind of paint or material
- Manufacturers or distributor contact information
- The net weight of the paint
- The percentage of each component or constituent
Product Liability Actions
The Mississippi Code Title 11-1-63 introduces the Product Liability Actions for consumer products, such as children’s products and household products. It covers the liability of manufacturers and actions that can be taken by damaged or injured consumers.
The Product Liability Actions are applicable the most consumer products sold in Mississippi, such as:
- Kitchen utensils
- Children’s products
- Electrical products
- Household products
The Product Liability Actions set out general provisions as below:
a. Manufacturers are liable for personal injury, death, or property damage caused by defective products (e.g defective design)
b. A person can file a claim if the product failed to contain adequate warnings or instructions
c. Product liability actions can be commenced within 90 days of the injury, or property damage occurs
Manufacturers are liable for inadequate labeling. Therefore, they should provide sufficient information on the label such as:
- User instructions
- Warning statements
- Product SKU
- Manufacturer contact information
Manufacturers should ensure product safety before placing them in the market. They can contact a reputable testing company to conduct applicable testing depending on the product type or regulations.
|Mississippi Lead-Acid Battery Laws||Link|
|Manufacture and Sale of Jewelry and Optical Equipment||Link|
|Installation or Sale of Certain Untested Devices Prohibited||Link|
|Paints, Varnishes, and Similar Materials||Link|
|Product Liability Actions||Link|