Read the full stored bill text
H. B. No. 1639 *HR31/R1463* ~ OFFICIAL ~ G1/2
26/HR31/R1463
PAGE 1 (MCL\JAB)
To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Waldo
HOUSE BILL NO. 1639
AN ACT TO ESTABLISH A SCREENING AND APPROVAL PROGRAM FOR THE 1
OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT 2
CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED 3
OR ABUSED; TO DEFINE CERTAIN TERMS; TO REQUIRE THE STATE 4
DEPARTMENT OF HEALTH TO ADMINISTER THE PROGRAM; TO REQUIRE THE 5
STATE HEALTH OFFICER TO APPROVE OR DENY THE OVER-THE-COUNTER 6
AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT CONTAIN ANY 7
SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED OR ABUSED; 8
TO ESTABLISH AN APPEALS PROCESS AVAILABLE TO THE MANUFACTURER OR 9
DISTRIBUTOR OF A PRODUCT THAT WAS DENIED BY THE STATE HEALTH 10
OFFICER; TO REQUIRE THE DEPARTMENT TO ESTABLISH RULES AND 11
REGULATIONS NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM; TO 12
PROVIDE AN EXCEPTION FOR ORDINANCES AND REGULATIONS OF 13
MUNICIPALITIES AND COUNTIES ENACTED BEFORE JULY 1, 2025, WHICH 14
LIMIT OR PROHIBIT SUCH PRODUCTS; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) For the purposes of this act: 17
(a) "Department" means the State Department of Health. 18
(b) "Substance with the potential to be recreationally 19
used or abused" means a substance that meets one or more of the 20
following criteria: 21
(i) The substance is used without direction or 22
supervision by a physician. 23
H. B. No. 1639 *HR31/R1463* ~ OFFICIAL ~
26/HR31/R1463
PAGE 2 (MCL\JAB)
(ii) The substance is used, without direction or 24
supervision by a physician, for enjoyment, relaxation, perceived 25
health benefits, social reasons or for some other illegitimate 26
purpose, as determined by the State Board of Health. 27
(iii) The substance is unpredictable and variable 28
in its effects on the user, with a potential to cause harm to the 29
user, and which may lead to psychological and physical dependence, 30
health and social problems, or any other harmful effects as 31
determined by the State Board of Health. 32
(2) There is created within the State Department of Health a 33
screening and approval program for the over-the-counter 34
availability and retail sale of products that contain any 35
substance with the potential to be recreationally used or abused. 36
The purpose of the program is to reduce the retail sale and 37
availability of products that contain certain over-the-counter 38
substances, including, but not limited to, bath salts, kratom, and 39
tianeptine. 40
(3) The screening and approval program created under 41
subsection (2) of this section shall be administered by the 42
department. Except as otherwise provided in this section, the 43
State Health Officer, or his or her designee, shall approve or 44
deny the over-the-counter availability and retail sale of products 45
that contain any substance with the potential to be recreationally 46
used or abused. Approval or denial may be based on anecdotal, 47
scientific, or any other relevant and available evidence to assist 48
H. B. No. 1639 *HR31/R1463* ~ OFFICIAL ~
26/HR31/R1463
PAGE 3 (MCL\JAB)
ST: Screening and approval program for retail
sale of products containing certain substances;
establish.
the State Health Officer, or his or her designee, in making a 49
determination. 50
(4) A process to appeal a determination must be available to 51
the manufacturer or distributor of the product that was denied by 52
the State Health Officer. The manufacturer or distributor shall 53
appeal directly to the State Board of Health, within thirty (30) 54
days of the denial, and upon receipt of the appeal and any 55
supporting documents from the manufacturer or distributor of the 56
substance, the State Health Officer, or his or her designee, shall 57
review all information provided to determine the merit of the 58
appeal. If the State Health Officer, or his or her designee, 59
determines that the appeal lacks merit, the appeal must be denied. 60
(5) The department shall establish rules and regulations 61
necessary to implement and administer the program. 62
(6) Nothing in this act shall supersede, restrict or 63
otherwise effect any ordinance or regulation that a municipality 64
or county has enacted before July 1, 2026, or any ordinance or 65
regulation that is enacted after July 1, 2026, to limit or 66
prohibit the availability, distribution, sale or use of products 67
that contain substances with the potential to be recreationally 68
used or abused. 69
SECTION 2. This act shall take effect and be in force from 70
and after July 1, 2026. 71