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HB379 • 2026

Screening and approval program for retail sale of products containing certain substances; establish.

AN ACT TO ESTABLISH A SCREENING AND APPROVAL PROGRAM FOR THE OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED OR ABUSED; TO DEFINE CERTAIN TERMS RELATING TO THE ACT; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ADMINISTER THE PROGRAM; TO REQUIRE THE STATE HEALTH OFFICER TO APPROVE OR DENY THE OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED OR ABUSED; TO PROVIDE THAT A PROCESS TO APPEAL SUCH DETERMINATION SHALL BE AVAILABLE TO THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT WAS DENIED BY THE STATE HEALTH OFFICER; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM; TO PROVIDE AN EXCEPTION FOR CERTAIN ORDINANCES AND REGULATIONS OF MUNICIPALITIES AND COUNTIES; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McKnight
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and therefore has no effective date.

Screening Program for Products with Potential to Be Abused

This bill establishes a screening and approval program managed by the State Department of Health to regulate over-the-counter sales of products containing substances that might be recreationally used or abused.

What This Bill Does

  • Creates a screening and approval process for products containing substances with potential recreational use or abuse.
  • Requires the State Department of Health to manage this program.
  • Gives the State Health Officer authority to approve or deny sales based on available evidence.
  • Allows manufacturers or distributors denied approval to appeal within 30 days to the State Board of Health.
  • Permits local governments to enforce their own rules about selling such products.

Who It Names or Affects

  • Manufacturers and distributors of products containing substances with potential recreational use or abuse.
  • The public who may buy these products over-the-counter.
  • Local government bodies with existing regulations on similar products.

Terms To Know

Substance with the potential to be recreationally used or abused
A substance that can be used without a doctor's supervision for enjoyment, relaxation, perceived health benefits, social reasons, or other illegitimate purposes and may cause harm.

Limits and Unknowns

  • The bill did not pass in the session it was introduced.
  • It does not specify which products are included beyond mentioning examples like bath salts, kratom, and tianeptine.
  • Local governments can still enforce their own rules about these products.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-09 Mississippi Legislative Bill Status System

    01/09 (H) Referred To Public Health and Human Services

Official Summary Text

Screening and approval program for retail sale of products containing certain substances; establish.

Current Bill Text

Read the full stored bill text 
H. B. No. 379 *HR43/R795* ~ OFFICIAL ~ G1/2
26/HR43/R795
PAGE 1 (MCL\KP)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McKnight

HOUSE BILL NO. 379

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 RELATING TO THE ACT; TO REQUIRE 4
THE STATE DEPARTMENT OF HEALTH TO ADMINISTER THE PROGRAM; TO 5
REQUIRE THE STATE HEALTH OFFICER TO APPROVE OR DENY THE 6
OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT 7
CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED 8
OR ABUSED; TO PROVIDE THAT A PROCESS TO APPEAL SUCH DETERMINATION 9
SHALL BE AVAILABLE TO THE MANUFACTURER OR DISTRIBUTOR OF SUCH 10
PRODUCT THAT WAS DENIED BY THE STATE HEALTH OFFICER; TO PROVIDE 11
THAT THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS AS 12
NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM; TO PROVIDE AN 13
EXCEPTION FOR CERTAIN ORDINANCES AND REGULATIONS OF MUNICIPALITIES 14
AND COUNTIES; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) For purposes of this act, the word 17
"department" means the State Department of Health. 18
(2) "Substance with the potential to be recreationally used 19
or abused" means a substance that is: 20
(i) Used without direction or supervision by a 21
physician; 22
(ii) Used, without direction or supervision by a 23
physician, for enjoyment, relaxation, perceived health benefits, 24
H. B. No. 379 *HR43/R795* ~ OFFICIAL ~
26/HR43/R795
PAGE 2 (MCL\KP)

social reasons, or for some other illegitimate purpose as 25
determined by the State Board of Health; and/or 26
(iii) Unpredictable and variable in its effects on 27
the user, with a potential to cause harm to the user, and which 28
may lead to psychological and physical dependence, health and 29
social problems, or any other harmful effects as determined by the 30
State Board of Health. 31
(3) There is created within the State Department of Health a 32
screening and approval program for the over-the-counter 33
availability and retail sale of products that contain any 34
substance with the potential to be recreationally used or abused. 35
The purpose of the program is to reduce the retail sale and 36
availability of products that contain certain over-the-counter 37
substances, including, but not limited to, bath salts, kratom, and 38
tianeptine. 39
(4) Such screening and approval program shall be 40
administered by the department. Except as otherwise provided in 41
this act, the State Health Officer, or his or her designee, shall 42
approve or deny the over-the-counter availability and retail sale 43
of products that contain any substance with the potential to be 44
recreationally used or abused. Such approval or denial may be 45
based on anecdotal, scientific, or any other relevant and 46
available evidence to assist the State Health Officer, or his or 47
her designee, in making a determination. 48
H. B. No. 379 *HR43/R795* ~ OFFICIAL ~
26/HR43/R795
PAGE 3 (MCL\KP)
ST: Screening and approval program for retail
sale of products containing certain substances;
establish.
(5) A process to appeal such determination shall be 49
available to the manufacturer or distributor of such product that 50
was denied by the State Health Officer. Such manufacturer or 51
distributor shall appeal directly to the State Board of Health, 52
within thirty (30) days of such denial, and upon receipt of the 53
appeal and any supporting documents from the manufacturer or 54
distributor of such substance, the State Health Officer, or his or 55
her designee, shall review all information provided to determine 56
the merit of the appeal. If the State Health Officer, or his or 57
her designee, determines that the appeal lacks merit, the appeal 58
shall be denied. 59
(6) The department shall establish rules and regulations as 60
necessary to implement and administer the program. 61
(7) Nothing in this act shall supersede, restrict, or 62
otherwise effect, any ordinance or regulation that a municipality 63
or county has enacted before the effective date of this act, or 64
any ordinance or regulation that is enacted after the effective 65
date of this act, to limit or prohibit the availability, 66
distribution, sale, or use of products that contain substances 67
with the potential to be recreationally used or abused. 68
SECTION 2. This act shall take effect and be in force from 69
and after July 1, 2026. 70