SB 2441 — Alternative nicotine products; prohibit distribution or sale of certain products.

Judiciary, Division B Jordan COMMITTEE SUBSTITUTE FOR SENATE BILL NO.

2441 (As Passed the Senate) AN ACT TO AMEND SECTION 97-32-51, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY PERSON FROM DISTRIBUTING, SELLINGSELLING, OR OFFERING FOR SALE OR FURNISHING ANY ALTERNATIVEELECTRONIC CIGARETTE, ELECTRONIC DEVICE THAT CAN BE USED TO DELIVER NICOTINE PRODUCTTHAT CAN BE INGESTED INTO THE BODY BY INHALING OR VAPORIZING, OR ANY CARTRIDGE, COMPONENT, LIQUID, CAPSULE, OR POWDER USED TO REFILL SUCH ELECTRONIC CIGARETTE OR ELECTRONIC DEVICE THAT CANNOT BE LEGALLY MARKETED OR SOLD UNDER FEDERAL LAW OR RULE, REGULATION OR GUIDANCE PROMULGATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION;

TO PROVIDE AN EXCEPTION FOR ANY SUCH PRODUCT WHERE THE MANUFACTURER HAS FILED A PREMARKET TOBACCO PRODUCT APPLICATION THAT REMAINS UNDER REVIEW BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION;

3.S.

Any electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, any cartridge component, liquid, S.

2441 *SS26/R871CS**SS36/R871PS* ~ OFFICIAL ~ G1/2 24/SS26/R871CS24/SS36/R871PS PAGE 1 capsule3. or powder used to refill or resupply such an electronic device;

Any electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, any cartridge component, liquid, capsule or powder used to refill or resupply such an electronic device;

2.

A product that is a drug under 21 USCS 321(g)(1);

2441 *SS26/R871CS**SS36/R871PS* ~ OFFICIAL ~ 24/SS26/R871CS24/SS36/R871PS PAGE 2 3.2.

A product that is a drug under 21 USCS 321(g)(1);

3.

NoIt person,is eitherunlawful directlyto ordistribute, indirectlysell, byoffer anfor agentsale, give or employee,furnish orany byelectronic acigarette, vendingelectronic machinedevice ownedthat bycan thebe personused orto locateddeliver innicotine that can be ingested into the person'sbody establishment,by shallinhaling distribute,or sell,vaporizing, offeror forany sale,cartridge, givecomponent, liquid, capsule, or furnishpowder anyused alternativeto nicotinerefill productsuch electronic cigarette or electronic device that cannot be legally marketed or sold under federal law or a rule, regulation or guidance promulgated by the United StateStates Food and Drug Administration (FDA).(FDA) rule, regulation, or guidance.

TheIt penaltiesis describednot inunlawful thisto subsectionsell shall be treble the fines described in this section, plus any otherelectronic penaltycigarette providedthat byhas law, for the sale, use, possession or furnishing of a controlledpremarket substancetobacco orproduct otherapplication substancefiled toby a person,manufacturer if the alternative nicotine product contains any controlled substance that isremains otherwiseunder prohibitedreview by law, or any other substance that causes the recipientFDA. of such to require emergency medical care as a result of using the product.

EachThe violationpenalties ofdescribed in this subsection shall be treble the provisionsfines ofdescribed in this sectionsection, shallplus beany treatedother penalty provided by law, for the sale, use, possession or furnishing of a controlled substance or other S.

2441 *SS26/R871CS**SS36/R871PS* ~ OFFICIAL ~ 24/SS26/R871CS24/SS36/R871PS PAGE 3 substance to a person, if the alternative nicotine product contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a separateresult offense.of using the product.

Each violation of the provisions of this section shall be treated as a separate offense.

or (b) For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares informationS. available from public records to the personal information entered by the individual during the ordering process that establishes the individual is twenty-one (21) years of age or older.

S.

2441 *SS26/R871CS**SS36/R871PS* ~ OFFICIAL ~ 24/SS26/R871CS24/SS36/R871PS PAGE 4 SECTIONinformation 2.available from public records to the personal information entered by the individual during the ordering process that establishes the individual is twenty-one (21) years of age or older.

ThisSECTION act2. shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.

This act shall take effect and be in force from and after July 1, 2024.

2441 *SS26/R871CS**SS36/R871PS* ~ OFFICIAL ~ 24/SS26/R871CS24/SS36/R871PS ST: