SB 2850 — Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.

(c) The manufacturer failed to include with its certification the payment required by subsection (3)(b) of this section;

(d) The manufacturer sold ENDS products in Mississippi required to be certified under this section during a period when either the manufacturer or the ENDS product had not been certified and listed on the directory;

or (e) The information provided by the manufacturer in its certification is determined by the commissioner to contain false information or contains material misrepresentations or omissions.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 27(icj\tb)27 (8)(b) The commissionermanufacturer shallsubmitted providea manufacturerscertification noticethat anddoes annot opportunitycomply towith curethe deficienciesrequirements beforeof removingsubsections manufacturers(2) orand ENDS(3) productsof fromthis thesection; directory.

(c) The manufacturer failed to include with its certification the payment required by subsection (3)(b) of this section;

(d) The manufacturer sold ENDS products in Mississippi required to be certified under this section during a period when either the manufacturer or the ENDS product had not been certified and listed on the directory;

or (e) The information provided by the manufacturer in its certification is determined by the commissioner to contain false information or contains material misrepresentations or omissions.

(9) The commissioner shall provide manufacturers notice and an opportunity to cure deficiencies before removing manufacturers or ENDS products from the directory.

(b)S. The ENDS product manufacturer shall have fifteen (15) business days from the date of service of the notice of the commissioner's intended action to cure the deficiencies or otherwise establish that the ENDS product manufacturer or its ENDS products should be included in the directory.

(c) Retailers shall have thirty (30) days following the removal of a manufacturer or its ENDS products from the directory to sell such ENDS products that were in the retailer's inventory as of the date of removal.

(d) After thirty (30) calendar days following removal from the directory, the ENDS product of a manufacturer identified in the notice of removal and intended for retail sale or for sale to a consumer in Mississippi is subject to seizure, forfeiture, S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 28(icj\tb)28 and(b) destructionThe byENDS theproduct department,manufacturer theshall Mississippihave Attorneyfifteen General's(15) Office,business ordays anyfrom lawthe enforcementdate agencyof inservice of the Statenotice of Mississippi,the andcommissioner's mayintended notaction beto purchasedcure the deficiencies or soldotherwise forestablish retailthat salethe ENDS product manufacturer or forits saleENDS toproducts ashould consumerbe included in Mississippi.the directory.

(c) Retailers shall have thirty (30) days following the removal of a manufacturer or its ENDS products from the directory to sell such ENDS products that were in the retailer's inventory as of the date of removal.

(d) After thirty (30) calendar days following removal from the directory, the ENDS product of a manufacturer identified in the notice of removal and intended for retail sale or for sale to a consumer in Mississippi is subject to seizure, forfeiture, and destruction by the department, the Mississippi Attorney General's Office, or any law enforcement agency in the State of Mississippi, and may not be purchased or sold for retail sale or for sale to a consumer in Mississippi.

(9) (a) Except as provided in paragraphs (b) and (c) of this subsection (9), beginning on October 1, 2025, or on the date that the commissioner first makes the directory available for public inspection on the department's 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.

(b) Each retailer shall have sixty (60) days from the date that the commissioner first makes the directory available for inspection on its the department's website to sell ENDS products that were in its inventory and not included in the directory or remove those ENDS products from inventory.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 29(icj\tb)29 (10) (a) Except as provided in paragraphs (b) and (c) Eachof distributorthis orsubsection wholesaler(10), shallbeginning haveon sixtyOctober (60)1, days2025, fromor on the date that the commissioner first makes the directory available for public inspection on the department's websiteofficial towebsite, removewhichever thoseis later, ENDS products intendednot included in the directory, shall not be sold for retail sale in theMississippi, stateeither fromdirectly itsor inventory.through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries.

(d)(b) AfterEach retailer shall have sixty (60) calendar days followingfrom publication of the directory,date ENDSthat productsthe notcommissioner listedfirst inmakes the directory andavailable intended for retailinspection saleon orits forthe saledepartment's towebsite a consumer in Mississippi are subject to seizure,sell forfeiture,ENDS andproducts destructionthat bywere the department, the Mississippi Attorney General's Office, or any law enforcement agency in theits Stateinventory of Mississippi, and may not beincluded purchasedin orthe solddirectory for retail sale or forremove salethose toENDS aproducts consumerfrom ininventory. Mississippi except as provided in subsection (8) of this section.

The(c) costEach ofdistributor suchor seizure,wholesaler forfeiture,shall andhave destructionsixty shall(60) bedays paidfrom by the persondate fromthat whom the ENDScommissioner productsfirst aremakes confiscated,the exceptdirectory thatavailable nofor ENDSinspection productson maythe bedepartment's seizedwebsite fromto aremove consumerthose whoENDS hasproducts madeintended afor bonasale fidein purchasethe ofstate suchfrom ENDSits product.inventory.

The(d) department,After Mississippisixty Attorney(60) General'scalendar Office,days following publication of the directory, ENDS products not listed in the directory and intended for retail sale or otherfor lawsale enforcementto agencya mayconsumer storein Mississippi are subject to seizure, forfeiture, and disposedestruction ofby the seizeddepartment, ENDSthe productsMississippi asAttorney appropriate,General's Office, or any law enforcement agency in accordancethe withState federal,of state,Mississippi, and localmay lawsnot pertainingbe topurchased storageor andsold disposalfor ofretail suchsale ENDSor products.for sale to a consumer S.

(10) (a) A manufacturer, retailer, distributor, wholesaler, or importer who sells or offers for sale an ENDS product for retail sale or for sale to a consumer in Mississippi that is not S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 30(icj\tb)30 included in theMississippi directoryexcept shallas beprovided subjectin tosubsection a(9) criminalof penaltythis imposedsection. by the Mississippi Attorney General's Office or a district attorney.

EachThe violationcost of such seizure, forfeiture, and destruction shall be paid by the provisionsperson offrom thiswhom subsectionthe (10)ENDS shallproducts are confiscated, except that no ENDS products may be treatedseized asfrom a separateconsumer offense.who has made a bona fide purchase of such ENDS product.

The department, Mississippi Attorney General's Office, or other law enforcement agency may store and dispose of the seized ENDS products as appropriate, in accordance with federal, state, and local laws pertaining to storage and disposal of such ENDS products.

(11) (a) A manufacturer, retailer, distributor, wholesaler, or importer who sells or offers for sale an ENDS product for retail sale or for sale to a consumer in Mississippi that is not included in the directory shall be subject to a criminal penalty imposed by the Mississippi Attorney General's Office or a district attorney.

Each violation of the provisions of this subsection (11) shall be treated as a separate offense.

(ii) For a second violation of this type within a twelve-month period, the penalty shall be at least Seven Hundred FiftyS. Dollars ($750.00), but not more than One Thousand Dollars ($1,000.00), per ENDS product per day.

B.

No.

2850 *SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462PS PAGE 31 Fifty Dollars ($750.00), but not more than One Thousand Dollars ($1,000.00), per ENDS product per day.

S.(v) If the ENDS product contains any controlled substance, including, but not limited to, fentanyl, that causes the recipient of such to require emergency medical care as a result of using the ENDS product, then the applicable penalty described in this paragraph (a) shall be trebled, and any other penalty provided by law for the sale, possession, or furnishing of a controlled substance shall be added.

(b) Additionally, a manufacturer whose ENDS products are not listed in the directory and who causes the ENDS products that are not listed to be sold for retail sale in Mississippi, whether directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries, is subject to a civil penalty of Two Thousand Five Hundred Dollars ($2,500.00) S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 31(icj\tb)32 (v)per Ifday thefor each individual ENDS product containsoffered anyfor controlledsale substance,in including,violation butof notthis limitedsection to,until fentanyl, that causes the recipientoffending ofENDS suchproduct tois requireremoved emergencyfrom medical care as a result of using the ENDSmarket product,or thenuntil the applicableoffending penaltyENDS describedproduct inis thisproperly paragraphlisted (a)on shall be trebled, and any other penalty provided by law for the sale,directory. possession, or furnishing of a controlled substance shall be added.

(b) Additionally, a manufacturer whose ENDS products are not listed in the directory and who causes the ENDS products that are not listed to be sold for retail sale in Mississippi, whether directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries, is subject to a civil penalty of Two Thousand Five Hundred Dollars ($2,500.00) per day for each individual ENDS product offered for sale in violation of this section until the offending ENDS product is removed from the market or until the offending ENDS product is properly listed on the directory.

S.(12) (a) A manufacturer not registered to do business in the state shall, as a condition precedent to having its name or its products listed and retained in the directory, appoint and continually engage without interruption a registered agent in Mississippi for service of process on whom all process and any action or proceeding arising out of the enforcement of this section may be served.

The manufacturer shall provide to the commissioner the name, address, and telephone number of its agent for service of process and shall provide any other information relating to its agent as may be requested by the commissioner.

(b) A manufacturer located outside of the United States shall, as an additional condition precedent to having its products listed or retained in the directory, cause each of its importers S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 32(icj\tb)33 (11)of (a)any Aof manufacturerits notENDS registeredproducts to dobe businesssold in theMississippi state shall, as a condition precedent to havingappoint, its name or its products listed and retained in the directory, appoint and continually engage without interruptioninterruption, athe registeredservices agent in Mississippi for service of processan onagent whomin allthe processstate andin anyaccordance actionwith or proceeding arising out of the enforcementprovisions of this sectionsection. may be served.

The manufacturer shall provide to the commissioner the name, address, and telephone number of its agent for service of process and shall provide any other information relating to its agent as may be requested by the commissioner.

(b) A manufacturer located outside of the United States shall, as an additional condition precedent to having its products listed or retained in the directory, cause each of its importers of any of its ENDS products to be sold in Mississippi to appoint, and continually engage without interruption, the services of an agent in the state in accordance with the provisions of this section.

(c) A manufacturer shall provide written notice to the commissioner thirty (30) calendar days prior to the termination of the authority of an agent appointed under paragraphs (a) and (b) of this subsection (11).(12).

No less than five (5) calendar days prior to the termination of an existing agent appointment, a manufacturer shall provide to the commissioner the name, address S.and telephone number of its newly appointed agent for service of process and shall provide any other information relating to the new appointment as may be requested by the commissioner.

In the event an agent terminates an agency appointment, the manufacturer shall notify the commissioner of the termination within five (5) calendar days and shall include proof to the satisfaction of the commissioner of the appointment of a new agent.

(13) (a) Any nonresident or foreign manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its name or its ENDS products listed and retained in the directory submit to the commissioner a surety bond or other cash security payable to the State of Mississippi in the amount of S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 33(icj\tb)34 andTwenty-five telephoneThousand numberDollars of($25,000.00). its newly appointed agent for service of process and shall provide any other information relating to the new appointment as may be requested by the commissioner.

In the event an agent terminates an agency appointment, the manufacturer shall notify the commissioner of the termination within five (5) calendar days and shall include proof to the satisfaction of the commissioner of the appointment of a new agent.

(12) (a) Any nonresident or foreign manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its name or its ENDS products listed and retained in the directory submit to the commissioner a surety bond or other cash security payable to the State of Mississippi in the amount of $25,000.

If the state executes on the surety bond, it may require the manufacturer to provide an additional bond as a condition S.precedent for retaining the manufacturer or its ENDS products in the directory.

B.

No.

2850 *SS26/R462.2* ~ OFFICIAL ~ 25/SS26/R462.2 PAGE 34(icj\tb) precedent for retaining the manufacturer or its ENDS products in the directory.

Unless the manufacturer, on or before the expiration of the sixty-day period, files with the commissioner a new bond, with the surety approved by and acceptableS. to the commissioner, the commissioner shall remove the manufacturer and its ENDS products from the directory.

(13) Each retailer, distributor, and wholesaler that sells or distributes ENDS products in this state or sells ENDS products to consumers in this state shall be subject to at least two (2) unannounced compliance checks annually by the department for purposes of enforcing this section.

Unannounced follow-up compliance checks of all noncompliant retailers, distributors, and wholesalers shall be conducted within thirty (30) days after any violation of this article.

The department shall publish the results of all compliance checks annually and shall make the S.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS PAGE 35(icj\tb)35 resultsacceptable available to the publiccommissioner, uponthe request.commissioner shall remove the manufacturer and its ENDS products from the directory.

(14) Each retailer, distributor, and wholesaler that sells or distributes ENDS products in this state or sells ENDS products to consumers in this state shall be subject to at least two (2) unannounced compliance checks annually by the department for purposes of enforcing this section.

Unannounced follow-up compliance checks of all noncompliant retailers, distributors, and wholesalers shall be conducted within thirty (30) days after any violation of this article.

The department shall publish the results of all compliance checks annually and shall make the results available to the public upon request.

(14)(15) The commissioner may promulgate rules necessary to effectuate the purposes of this section.

(15)S. All fees and penalties collected by the commissioner pursuant to this section shall be used for administration and enforcement of this section.

(16)B. Before January 1, 2026, and annually thereafter, the commissioner shall provide a report to the Legislature regarding the status of the directory, manufacturers and ENDS products included in the directory, revenue and expenditures related to administration of this section, and enforcement activities undertaken pursuant to this section of this act.

No.

2850 *SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462PS PAGE 36 (16) All fees and penalties collected by the commissioner pursuant to this section shall be used for administration and enforcement of this section.

(17) Before January 1, 2026, and annually thereafter, the commissioner shall provide a report to the Legislature regarding the status of the directory, manufacturers and ENDS products included in the directory, revenue and expenditures related to administration of this section, and enforcement activities undertaken pursuant to this section of this act.

2850 *SS26/R462.2**SS26/R462PS* ~ OFFICIAL ~ 25/SS26/R462.225/SS26/R462PS ST:

require PAGE 36(icj\tb)37 Commissioner of Revenue to establish separate directories to regulate sales of.