House Bill 1461

AN ACT TO PROVIDE THAT NO LATER THAN AUGUST 1, 2024, EVERY MANUFACTURER OF AN ENDS PRODUCT THAT IS SOLD FOR RETAIL SALE IN MISSISSIPPI SHALL EXECUTE AND DELIVER TO THE DEPARTMENT OF REVENUE A CERTIFICATION THAT THE MANUFACTURER IS COMPLIANT WITH THIS ACT; TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO PROVIDE THAT THE INFORMATION SUBMITTED BY THE MANUFACTURER IS CONSIDERED CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION FOR PURPOSES OF THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983; TO PROVIDE THAT BEGINNING ON OCTOBER 1, 2024, THE DEPARTMENT OF REVENUE SHALL MAINTAIN AND MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT OF REVENUE'S OFFICIAL WEBSITE A DIRECTORY THAT LISTS ALL ENDS PRODUCT MANUFACTURERS, BRAND NAMES, CATEGORIES, PRODUCT NAMES, AND FLAVORS FOR WHICH CERTIFICATION FORMS HAVE BEEN SUBMITTED AND APPROVED BY THE DEPARTMENT OF REVENUE AND SHALL UPDATE THE DIRECTORY AT LEAST MONTHLY TO ENSURE ACCURACY; TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH A PROCESS TO PROVIDE LICENSED RETAILERS, DISTRIBUTORS, AND WHOLESALERS NOTICE OF THE INITIAL PUBLICATION OF THE DIRECTORY AND CHANGES MADE TO THE DIRECTORY IN THE PRIOR MONTH; TO PROVIDE THAT NEITHER A MANUFACTURER NOR ITS ENDS PRODUCTS SHALL BE INCLUDED OR RETAINED IN THE DIRECTORY IF THE DEPARTMENT OF REVENUE DETERMINES THAT THE MANUFACTURER FAILED TO PROVIDE A COMPLETE AND ACCURATE CERTIFICATION AND PROVIDE PAYMENT; TO PROVIDE THAT AFTER THIRTY CALENDAR DAYS FOLLOWING REMOVAL FROM THE DIRECTORY, THE ENDS PRODUCT OF A MANUFACTURER IDENTIFIED IN THE NOTICE OF REMOVAL AND INTENDED FOR SALE IN MISSISSIPPI ARE SUBJECT TO SEIZURE, FORFEITURE, AND DESTRUCTION, AND SHALL NOT BE PURCHASED OR SOLD FOR RETAIL SALE IN MISSISSIPPI; BEGINNING ON OCTOBER 1, 2024, OR ON THE DATE THAT THE DEPARTMENT OF REVENUE FIRST MAKES THE DIRECTORY AVAILABLE FOR PUBLIC INSPECTION ON ITS OFFICIAL WEBSITE, WHICHEVER IS LATER, ENDS PRODUCTS NOT INCLUDED IN THE DIRECTORY, SHALL NOT BE SOLD FOR RETAIL SALE IN MISSISSIPPI, EITHER DIRECTLY OR THROUGH AN IMPORTER, DISTRIBUTOR, WHOLESALER, RETAILER, OR SIMILAR INTERMEDIARY OR INTERMEDIARIES; TO PROVIDE THAT EACH RETAILER SHALL HAVE SIXTY DAYS FROM THE DATE THAT THE DEPARTMENT OF REVENUE FIRST MAKES THE DIRECTORY AVAILABLE FOR INSPECTION ON ITS PUBLIC WEBSITE TO SELL PRODUCTS THAT WERE IN ITS INVENTORY AND NOT INCLUDED IN THE DIRECTORY OR REMOVE THOSE PRODUCTS FROM INVENTORY; TO PROVIDE THAT AFTER SIXTY CALENDAR DAYS FOLLOWING PUBLICATION OF THE DIRECTORY, ENDS PRODUCTS NOT LISTED IN THE DIRECTORY AND INTENDED FOR RETAIL SALE IN MISSISSIPPI ARE SUBJECT TO SEIZURE, FORFEITURE, AND DESTRUCTION, AND MAY NOT BE PURCHASED OR SOLD FOR RETAIL SALE IN MISSISSIPPI EXCEPT AS OTHERWISE PROVIDED IN THIS ACT; TO PROVIDE THAT A RETAILER, DISTRIBUTOR, WHOLESALER, OR IMPORTER WHO SELLS OR OFFERS FOR SALE AN ENDS PRODUCT FOR RETAIL SALE IN MISSISSIPPI THAT IS NOT INCLUDED IN THE DIRECTORY SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH INDIVIDUAL ENDS PRODUCT OFFERED FOR SALE IN VIOLATION OF THIS ACT; TO PROVIDE THAT A MANUFACTURER WHOSE ENDS PRODUCTS ARE NOT LISTED IN THE DIRECTORY AND WHO CAUSES THE PRODUCTS THAT ARE NOT LISTED TO BE SOLD FOR RETAIL SALE IN MISSISSIPPI, IS SUBJECT TO A CIVIL PENALTY OF TEN THOUSAND DOLLARS FOR EACH INDIVIDUAL ENDS PRODUCT OFFERED FOR SALE IN VIOLATION OF THIS ACT; TO REQUIRE A MANUFACTURER LOCATED OUTSIDE OF THE UNITED STATES TO CAUSE EACH OF ITS IMPORTERS OF ANY OF ITS PRODUCTS TO BE SOLD IN MISSISSIPPI TO APPOINT, AND CONTINUALLY ENGAGE WITHOUT INTERRUPTION, THE SERVICES OF AN AGENT IN THE STATE; TO REQUIRE A MANUFACTURER TO PROVIDE WRITTEN NOTICE TO THE DIVISION THIRTY CALENDAR DAYS PRIOR TO THE TERMINATION OF THE AUTHORITY OF AN AGENT; TO PROVIDE THAT EACH RETAILER, DISTRIBUTOR, AND WHOLESALER THAT SELLS OR DISTRIBUTES ELECTRONIC NICOTINE DELIVERY SYSTEMS OR NICOTINE LIQUIDS IN THIS STATE SHALL BE SUBJECT TO AT LEAST TWO UNANNOUNCED COMPLIANCE CHECKS; TO PROVIDE THAT BEGINNING ON JANUARY 31, 2025, AND ANNUALLY THEREAFTER, THE DEPARTMENT OF REVENUE SHALL PROVIDE A REPORT TO THE LEGISLATURE THAT CONTAINS CERTAIN INFORMATION RELATED TO THE REGISTRY; AND FOR RELATED PURPOSES.

In the House of Representatives

• Lee Yancey

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Feb 19 – Mar 6

1. Feb 19Referred to the House committee on Judiciary B
2. Feb 29Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Mar 6Committee substitute adopted in the House
4. Passed the House

In the Senate Mar 8 – Apr 2

1. Mar 8Sent to the Senate
2. Mar 22Referred to the Senate committee on Public Health and Welfare
3. Apr 2Died in committee in the Senate