Nicotine-adjacent products; define to prohibit distribution of to minors and for inclusion as an ENDS product.

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To: Public Health and
Welfare; Judiciary, Division
B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2557

AN ACT TO AMEND SECTION 97-32-51, MISSISSIPPI CODE OF 1972, 1
TO DEFINE THE TERM "NICOTINE-ADJACENT PRODUCT" AND TO PROHIBIT THE 2
SALE OF SUCH A PRODUCT TO AN INDIVIDUAL UNDER 21 YEARS OF AGE; TO 3
AMEND SECTION 97-32-52, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR 4
ENHANCED PENALTIES FOR DISTRIBUTION OF NICOTINE-ADJACENT PRODUCTS 5
WITHIN A CERTAIN PROXIMITY TO EDUCATIONAL PROPERTY OR OTHER PUBLIC 6
PLACES; TO AMEND SECTION 75-102-1, MISSISSIPPI CODE OF 1972, TO 7
REVISE THE DEFINITION OF "ENDS PRODUCT" TO INCLUDE 8
NICOTINE-ADJACENT PRODUCTS; TO BRING FORWARD SECTION 75-102-2, 9
MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND 10
FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 97-32-51, Mississippi Code of 1972, is 13
amended as follows: 14
97-32-51. (1) For the purposes of this chapter: 15
(a) (i) "Alternative nicotine product" means: 16
1. An electronic cigarette; 17
2. Any other product that consists of or 18
contains nicotine that can be ingested into the body by chewing, 19
smoking, absorbing, dissolving, inhaling or by any other means; 20
3. Any electronic device that can be used to 21
deliver nicotine to an individual inhaling from the device, 22
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including, but not limited to, any cartridge component, liquid, 23
capsule or powder used to refill or resupply such an electronic 24
device; or 25
4. An electronic cigar or cigarillo. 26
(ii) Alternative nicotine product does not 27
include: 28
1. A cigarette or other tobacco product as 29
defined in Section 97-32-3; 30
2. A product that is a drug under 21 USCS 31
321(g)(1); 32
3. A product that is a device under 21 USCS 33
321(h); or 34
4. A combination product described in 21 USCS 35
353(g). 36
(b) (i) "Electronic cigarette" means an electronic 37
product or device that produces a vapor that delivers nicotine or 38
other substances to the person inhaling from the device to 39
simulate smoking, and is likely to be offered to, or purchased by, 40
consumers as an electronic cigarette, electronic cigar, electronic 41
cigarillo or electronic pipe. 42
(ii) Electronic cigarette does not include: 43
1. A cigarette or other tobacco products as 44
defined in Section 97-32-3; 45
2. A product that is a drug under 21 USCS 46
321(g)(1); 47
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3. A product that is a device under 21 USCS 48
321(h); or 49
4. A combination product described in 21 USCS 50
353(g). 51
(c) "Nicotine-adjacent product" means any product, 52
including, but not limited to, an electronic cigarette, a product 53
designed to be ingested into the body by chewing, smoking, 54
absorbing, dissolving, inhaling or by any other means, or an 55
electronic cigar or cigarillo, which contains a substance that: 56
(i) Has a chemical structure substantially similar 57
to the chemical structure of nicotine, including, but not limited 58
to, 6-methylnicotine, commonly referred to as metatine, and 59
nicotinamide, commonly referred to as nixodine; 60
(ii) Has, or is represented to have, an effect on 61
the central nervous system similar to the chemical nicotine; or 62
(iii) Is manufactured, formulated, sold, 63
distributed or marketed with the intent to avoid the provisions of 64
this chapter. 65
(2) No person, either directly or indirectly by an agent or 66
employee, or by a vending machine owned by the person or located 67
in the person's establishment, shall sell, offer for sale, give or 68
furnish any alternative nicotine product or nicotine-adjacent 69
product, or any cartridge, component, liquid, capsule or powder 70
thereof, to an individual under twenty-one (21) years of age. The 71
penalties described in this subsection shall be treble the fines 72
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described in this section, plus any other penalty provided by law, 73
for the sale, use, possession or furnishing of a controlled 74
substance or other substance to a person, if the alternative 75
nicotine product or nicotine-adjacent product contains any 76
controlled substance that is otherwise prohibited by law, or any 77
other substance that causes the recipient of such to require 78
emergency medical care as a result of using the product. Each 79
violation of the provisions of this section shall be treated as a 80
separate offense. A violation of this subsection is punishable as 81
follows: 82
(a) By a fine of Two Hundred Fifty Dollars ($250.00) 83
for a first offense; 84
(b) By a fine of Five Hundred Dollars ($500.00) for a 85
second offense; and 86
(c) By a fine of One Thousand Dollars ($1,000.00) for a 87
third or subsequent offense. 88
(3) Before selling, offering for sale, giving or furnishing 89
an alternative nicotine product or a nicotine-adjacent product, or 90
any cartridge, component liquid, capsule or powder thereof, to an 91
individual, a person shall verify that the individual is at least 92
twenty-one (21) years of age by: 93
(a) Examining from any individual that appears to be 94
under twenty-seven (27) years of age a government-issued 95
photographic identification that establishes the individual is at 96
least twenty-one (21) years of age; or 97
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(b) For sales made through the internet or other remote 98
sales methods, performing an age verification through an 99
independent, third-party age verification service that compares 100
information available from public records to the personal 101
information entered by the individual during the ordering process 102
that establishes the individual is twenty-one (21) years of age or 103
older. 104
SECTION 2. Section 97-32-52, Mississippi Code of 1972, is 105
amended as follows: 106
97-32-52. (1) It shall be unlawful for any person who is 107
in, on or within one thousand five hundred (1,500) feet of a 108
building or outbuilding which is all or part of educational 109
property as defined by Section 97-37-17 to sell or furnish an 110
alternative nicotine product or a nicotine-adjacent product to any 111
individual under twenty-one (21) years of age. Each violation of 112
the provisions of this subsection (1) shall be treated as a 113
separate offense. 114
(2) Upon conviction for violation of the provisions in 115
subsection (1) of this section, the offender shall be punished as 116
follows: 117
(a) For a first offense, a fine of Five Hundred Dollars 118
($500.00), and no more than twenty (20) hours of community 119
service; 120
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(b) For a second offense, a fine of One Thousand 121
Dollars ($1,000.00), and no more than thirty (30) hours of 122
community service; and 123
(c) For a third offense or subsequent offense, a fine 124
of One Thousand Five Hundred Dollars ($1,500.00), and no more than 125
fifty (50) hours of community service. 126
(3) It shall be unlawful for any person who is in, on or 127
within one thousand (1,000) feet of any church, public park, 128
ballpark, public gymnasium, youth center or movie theater to sell 129
or furnish an alternative nicotine product or a nicotine-adjacent 130
product to any individual under twenty-one (21) years of age. 131
Each violation of the provisions of this subsection (3) shall be 132
treated as a separate offense. 133
(4) Upon conviction for violation of the provisions in 134
subsection (3) of this section, the offender shall be punished 135
with treble the fines and community service described in 136
subsection (2) of this section. 137
(5) If the alternative nicotine product or nicotine-adjacent 138
product sold or furnished in violation of this section contains 139
any controlled substance that is otherwise prohibited by law, or 140
any other substance that causes the recipient to require emergency 141
medical care as a result of using the product, the penalty, upon 142
conviction, shall be treble the fines and community service 143
described in subsection (2) of this section, plus any other 144
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penalty provided by law for the sale or furnishing of the 145
controlled substance or other substance. 146
SECTION 3. Section 75-102-1, Mississippi Code of 1972, is 147
amended as follows: 148
75-102-1. For purposes of this chapter, the following words 149
and phrases shall have the meanings as defined in this section, 150
unless the context clearly indicates otherwise: 151
(a) "Commissioner" means the Commissioner of Revenue of 152
the Department of Revenue. 153
(b) "Department" means the Department of Revenue. 154
(c) "ENDS product": 155
(i) Means any noncombustible product that employs 156
a heating element, power source, electronic circuit, or other 157
electronic, chemical, or mechanical means in a closed system, 158
regardless of shape or size, to produce vapor from nicotine in a 159
solution or from a nicotine-adjacent product as defined in Section 160
97-32-51; 161
(ii) Includes a consumable nicotine liquid 162
solution or nicotine-adjacent product suitable for use in an ENDS 163
product, whether sold with the product or separately; and 164
(iii) Does not include any product regulated as a 165
drug or device under Chapter V of the Federal Food, Drug, and 166
Cosmetic Act (21 USC Section 351 et seq.). 167
(d) "Timely filed premarket tobacco product 168
application" means an application pursuant to 21 USC Section 387j 169
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for an ENDS product containing nicotine derived from tobacco 170
marketed in the United States as of August 8, 2016, that was 171
submitted to the United States Food and Drug Administration on or 172
before September 9, 2020, and accepted for filing. 173
(e) "FDA" means the United States Food and Drug 174
Administration. 175
SECTION 4. Section 75-102-2, Mississippi Code of 1972, is 176
brought forward as follows: 177
75-102-2. (1) Before September 1, 2025, and annually 178
thereafter, every manufacturer of an ENDS product that is sold for 179
retail sale or for sale to a consumer in Mississippi, whether 180
directly or through an importer, wholesaler, distributor, 181
retailer, or similar intermediary or intermediaries, shall execute 182
and deliver to the commissioner a certification, under penalty of 183
perjury on a form and in a manner prescribed by the commissioner, 184
that the manufacturer is compliant with this section and that, for 185
each ENDS product sold in Mississippi: 186
(a) The manufacturer has received a marketing granted 187
order for the ENDS product from the FDA pursuant to 21 USC Section 188
387j; 189
(b) The manufacturer submitted a timely filed premarket 190
tobacco product application for the ENDS product to the FDA 191
pursuant to 21 USC Section 387j, and the application either 192
remains under review by the FDA or has received a denial order 193
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that has been and remains stayed by the FDA or court order, 194
rescinded by the FDA, or vacated by a court; or 195
(c) The manufacturer is not required to submit an 196
additional marketing granted order or premarket tobacco product 197
application for the ENDS product, because the ENDS product merely 198
reflects changes to the name, brand style, or packaging of an ENDS 199
product that is covered under paragraph (a) or (b) of this 200
subsection. 201
(2) The certification form shall separately list each brand 202
name, category (e.g., e-liquid, power unit, device, e-liquid 203
cartridge, e-liquid pod, disposable), product name, and flavor for 204
each ENDS product that is sold in Mississippi. 205
(3) Each annual certification form shall be accompanied by: 206
(a) A copy of: 207
(i) The marketing granted order issued by the FDA 208
pursuant to 21 USC Section 387j; 209
(ii) A copy of the acceptance letter issued by the 210
FDA pursuant to 21 USC Section 387j for a timely filed premarket 211
tobacco product application; or 212
(iii) A document issued by FDA or by a court 213
confirming that the premarket tobacco product application has 214
received a denial order that has been and remains stayed by FDA or 215
court order, rescinded by FDA, or vacated by a court; and 216
(b) A payment of Five Hundred Dollars ($500.00) for 217
each ENDS product each time a manufacturer submits an annual 218
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certification form for that ENDS product, but not to exceed 219
Fifteen Thousand Dollars ($15,000.00) annually per manufacturer. 220
(4) The information submitted by the manufacturer pursuant 221
to subsection (3)(a) of this section is considered confidential 222
commercial or financial information for purposes of the 223
Mississippi Public Records Act of 1983 (Section 25-61-1, et al). 224
The manufacturer may redact certain confidential commercial or 225
financial information provided under subsection (3)(a) of this 226
section. The commissioner shall not disclose such information 227
except as required or authorized by law. 228
(5) A manufacturer required to submit a certification form 229
pursuant to this section shall notify the commissioner within 230
thirty (30) calendar days of any material change to the 231
certification form, including the issuance or denial of a 232
marketing authorization or other order by the FDA pursuant to 21 233
USC Section 387j, or any other order or action by the FDA or any 234
court that affects the ability of the ENDS product to be 235
introduced or delivered into interstate commerce for commercial 236
distribution in the United States. 237
(6) To the extent that 21 USC Section 387j is amended, or 238
subsequent regulations or other official federal guidance or 239
formal policy statement is issued, changing compliance 240
requirements or standards for an ENDS product to become federally 241
compliant, each manufacturer of an ENDS product that is sold for 242
retail sale in Mississippi shall submit documentation to the 243
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commissioner substantiating compliance with such new federal 244
requirements or standards within thirty (30) days of the date 245
compliance with such requirement or standard is mandated. Failure 246
to substantiate compliance with new federal requirements or 247
standards shall be grounds for removal of the manufacturer and its 248
ENDS products from the directory established in this section. 249
(7) Beginning on October 1, 2025, the commissioner shall 250
maintain and make publicly available on the department's official 251
website a directory that lists all ENDS product manufacturers, 252
brand names, categories (e.g., e-liquid, e-liquid cartridge, 253
e-liquid pod, disposable), product names, and flavors for which 254
certification forms have been submitted and approved by the 255
commissioner and shall update the directory at least monthly to 256
ensure accuracy. The commissioner shall establish a process to 257
provide manufacturers, licensed retailers, distributors, and 258
wholesalers notice of the initial publication of the directory and 259
changes made to the directory in the prior month. 260
(8) Neither a manufacturer nor its ENDS products shall be 261
included or retained in the directory if the commissioner 262
determines that any of the following apply: 263
(a) The manufacturer failed to provide a complete and 264
accurate certification as required by subsection (1) of this 265
section; 266
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(b) The manufacturer submitted a certification that 267
does not comply with the requirements of subsections (2) and (3) 268
of this section; 269
(c) The manufacturer failed to include with its 270
certification the payment required by subsection (3)(b) of this 271
section; 272
(d) The manufacturer sold ENDS products in Mississippi 273
required to be certified under this section during a period when 274
either the manufacturer or the ENDS product had not been certified 275
and listed on the directory; or 276
(e) The information provided by the manufacturer in its 277
certification is determined by the commissioner to contain false 278
information or contains material misrepresentations or omissions. 279
(9) The commissioner shall provide manufacturers notice and 280
an opportunity to cure deficiencies before removing manufacturers 281
or ENDS products from the directory. 282
(a) The commissioner may not remove the manufacturer or 283
its ENDS products from the directory until at least thirty (30) 284
business days after the manufacturer has been given notice of an 285
intended action setting forth the reasons therefor. Notice shall 286
be sufficient and be deemed immediately received by a manufacturer 287
if the notice is sent either electronically or by facsimile to an 288
electronic mail address or facsimile number, as the case may be, 289
provided by the manufacturer in its most recent certification 290
filed under subsections (2) and (3) of this section. 291
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(b) The ENDS product manufacturer shall have fifteen 292
(15) business days from the date of service of the notice of the 293
commissioner's intended action to cure the deficiencies or 294
otherwise establish that the ENDS product manufacturer or its ENDS 295
products should be included in the directory. 296
(c) Retailers shall have thirty (30) days following the 297
removal of a manufacturer or its ENDS products from the directory 298
to sell such ENDS products that were in the retailer's inventory 299
as of the date of removal. 300
(d) After thirty (30) calendar days following removal 301
from the directory, the ENDS product of a manufacturer identified 302
in the notice of removal and intended for retail sale or for sale 303
to a consumer in Mississippi is subject to seizure, forfeiture, 304
and destruction by the department, the Mississippi Attorney 305
General's Office, or any law enforcement agency in the State of 306
Mississippi, and may not be purchased or sold for retail sale or 307
for sale to a consumer in Mississippi. The cost of such seizure, 308
forfeiture, and destruction shall be borne by the person from whom 309
the ENDS products are confiscated, except that no ENDS products 310
may be seized from a consumer who has made a bona fide purchase of 311
such ENDS product. The department, Mississippi Attorney General's 312
Office, or other law enforcement agency in the State of 313
Mississippi may store and dispose of the seized ENDS products as 314
appropriate, in accordance with federal, state and local laws 315
pertaining to storage and disposal of such ENDS products. 316
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(10) (a) Except as provided in paragraphs (b) and (c) of 317
this subsection (10), beginning on October 1, 2025, or on the date 318
that the commissioner first makes the directory available for 319
public inspection on the department's official website, whichever 320
is later, ENDS products not included in the directory, shall not 321
be sold for retail sale in Mississippi, either directly or through 322
an importer, distributor, wholesaler, retailer, or similar 323
intermediary or intermediaries. 324
(b) Each retailer shall have sixty (60) days from the 325
date that the commissioner first makes the directory available for 326
inspection on its the department's website to sell ENDS products 327
that were in its inventory and not included in the directory or 328
remove those ENDS products from inventory. 329
(c) Each distributor or wholesaler shall have sixty 330
(60) days from the date that the commissioner first makes the 331
directory available for inspection on the department's website to 332
remove those ENDS products intended for sale in the state from its 333
inventory. 334
(d) After sixty (60) calendar days following 335
publication of the directory, ENDS products not listed in the 336
directory and intended for retail sale or for sale to a consumer 337
in Mississippi are subject to seizure, forfeiture, and destruction 338
by the department, the Mississippi Attorney General's Office, or 339
any law enforcement agency in the State of Mississippi, and may 340
not be purchased or sold for retail sale or for sale to a consumer 341
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in Mississippi except as provided in subsection (9) of this 342
section. The cost of such seizure, forfeiture, and destruction 343
shall be paid by the person from whom the ENDS products are 344
confiscated, except that no ENDS products may be seized from a 345
consumer who has made a bona fide purchase of such ENDS product. 346
The department, Mississippi Attorney General's Office, or other 347
law enforcement agency may store and dispose of the seized ENDS 348
products as appropriate, in accordance with federal, state, and 349
local laws pertaining to storage and disposal of such ENDS 350
products. 351
(11) (a) A manufacturer, retailer, distributor, wholesaler, 352
or importer who sells or offers for sale an ENDS product for 353
retail sale or for sale to a consumer in Mississippi that is not 354
included in the directory shall be subject to a criminal penalty 355
imposed by the Mississippi Attorney General's Office or a district 356
attorney. Each violation of the provisions of this subsection 357
(11) shall be treated as a separate offense. A violation of this 358
subsection shall be punishable as follows: 359
(i) For each individual ENDS product offered for 360
sale in violation of this section until the offending ENDS product 361
is removed from the market or until the offending ENDS product is 362
properly listed on the directory, the penalty shall be not more 363
than Five Hundred Dollars ($500.00) per ENDS product per day. 364
(ii) For a second violation of this type within a 365
twelve-month period, the penalty shall be at least Seven Hundred 366
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Fifty Dollars ($750.00), but not more than One Thousand Dollars 367
($1,000.00), per ENDS product per day. 368
(iii) For a third violation of this type within a 369
twelve-month period after the initial violation, the penalty shall 370
be at least One Thousand Dollars ($1,000.00), but not more than 371
One Thousand Five Hundred Dollars ($1,500.00), per ENDS product 372
per day. 373
(iv) For any subsequent violation, the Attorney 374
General or district attorney may bring an action in the 375
appropriate state court to prevent a manufacturer, retailer, 376
distributor, wholesaler, or importer from selling or offering to 377
sell an ENDS product that is not included in the directory. 378
(v) If the ENDS product contains any controlled 379
substance, including, but not limited to, fentanyl, that causes 380
the recipient of such to require emergency medical care as a 381
result of using the ENDS product, then the applicable penalty 382
described in this paragraph (a) shall be trebled, and any other 383
penalty provided by law for the sale, possession, or furnishing of 384
a controlled substance shall be added. 385
(b) Additionally, a manufacturer whose ENDS products 386
are not listed in the directory and who causes the ENDS products 387
that are not listed to be sold for retail sale in Mississippi, 388
whether directly or through an importer, distributor, wholesaler, 389
retailer, or similar intermediary or intermediaries, is subject to 390
a civil penalty of Two Thousand Five Hundred Dollars ($2,500.00) 391
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per day for each individual ENDS product offered for sale in 392
violation of this section until the offending ENDS product is 393
removed from the market or until the offending ENDS product is 394
properly listed on the directory. In addition, any manufacturer 395
that falsely represents any information required by a 396
certification form shall be guilty of a misdemeanor for each false 397
representation. 398
(c) In an action to enforce this section, the state 399
shall be entitled to recover costs, including the costs of 400
investigation, expert witness fees and reasonable attorney fees. 401
(d) A repeated violation of this section shall 402
constitute a deceptive trade practice under Section 75-24-5. 403
(12) (a) A manufacturer not registered to do business in 404
the state shall, as a condition precedent to having its name or 405
its products listed and retained in the directory, appoint and 406
continually engage without interruption a registered agent in 407
Mississippi for service of process on whom all process and any 408
action or proceeding arising out of the enforcement of this 409
section may be served. The manufacturer shall provide to the 410
commissioner the name, address, and telephone number of its agent 411
for service of process and shall provide any other information 412
relating to its agent as may be requested by the commissioner. 413
(b) A manufacturer located outside of the United States 414
shall, as an additional condition precedent to having its products 415
listed or retained in the directory, cause each of its importers 416
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of any of its ENDS products to be sold in Mississippi to appoint, 417
and continually engage without interruption, the services of an 418
agent in the state in accordance with the provisions of this 419
section. All obligations of a manufacturer imposed by this 420
section with respect to appointment of its agent shall also apply 421
to the importers with respect to appointment of their agents. 422
(c) A manufacturer shall provide written notice to the 423
commissioner thirty (30) calendar days prior to the termination of 424
the authority of an agent appointed under paragraphs (a) and (b) 425
of this subsection (12). No less than five (5) calendar days 426
prior to the termination of an existing agent appointment, a 427
manufacturer shall provide to the commissioner the name, address 428
and telephone number of its newly appointed agent for service of 429
process and shall provide any other information relating to the 430
new appointment as may be requested by the commissioner. In the 431
event an agent terminates an agency appointment, the manufacturer 432
shall notify the commissioner of the termination within five (5) 433
calendar days and shall include proof to the satisfaction of the 434
commissioner of the appointment of a new agent. 435
(13) (a) Any nonresident or foreign manufacturer that has 436
not registered to do business in the state as a foreign 437
corporation or business entity shall, as a condition precedent to 438
having its name or its ENDS products listed and retained in the 439
directory submit to the commissioner a surety bond or other cash 440
security payable to the State of Mississippi in the amount of 441
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Twenty-five Thousand Dollars ($25,000.00). The bond shall be 442
posted by a corporate surety located within the United States. 443
(b) The bond shall be conditioned on the performance by 444
the manufacturer of all requirements and obligations imposed by 445
this section. A surety on a manufacturer's bond shall be liable 446
up to the amount of the bond, and the state may execute on such 447
surety bond, for the payment of fines and penalties imposed on the 448
manufacturer under this section and for the costs of seizure and 449
destruction of ENDS products sold in violation of this section. 450
If the state executes on the surety bond, it may require the 451
manufacturer to provide an additional bond as a condition 452
precedent for retaining the manufacturer or its ENDS products in 453
the directory. 454
(c) A surety on a bond furnished by a manufacturer as 455
provided in this section shall be released and discharged from 456
liability to the state accruing on the bond after expiration of 457
sixty (60) days from the date upon which such surety shall have 458
lodged with the commissioner a written request to be released and 459
discharged. This provision shall not operate to relieve, release, 460
or discharge the surety from liability already accrued or which 461
shall accrue before the expiration of the sixty-day period. The 462
commissioner shall, upon receiving any such request, notify the 463
manufacturer who furnished the bond. Unless the manufacturer, on 464
or before the expiration of the sixty-day period, files with the 465
commissioner a new bond, with the surety approved by and 466
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acceptable to the commissioner, the commissioner shall remove the 467
manufacturer and its ENDS products from the directory. 468
(14) Each retailer, distributor, and wholesaler that sells 469
or distributes ENDS products in this state or sells ENDS products 470
to consumers in this state shall be subject to at least two (2) 471
unannounced compliance checks annually by the department for 472
purposes of enforcing this section. Unannounced follow-up 473
compliance checks of all noncompliant retailers, distributors, and 474
wholesalers shall be conducted within thirty (30) days after any 475
violation of this article. The department shall publish the 476
results of all compliance checks annually and shall make the 477
results available to the public upon request. This section does 478
not affect the authority of the Attorney General's Office under 479
Section 97-32-21 to ensure compliance with the Mississippi 480
Juvenile Tobacco Access Prevention Act of 1997 by conducting 481
random, unannounced inspection checks where alternative nicotine 482
products, tobacco, or tobacco products are sold or distributed. 483
The Attorney General's Office shall also have the authority to 484
conduct random, unannounced inspections at locations where ENDS 485
products are sold to ensure compliance with this section. 486
(15) The commissioner may promulgate rules necessary to 487
effectuate the purposes of this section. By January 1, 2026, the 488
department shall promulgate rules and regulations and implement a 489
permitting process for retailers, wholesalers, and distributors of 490
ENDS products in Mississippi. 491
S. B. No. 2557 *SS26/R1154CS* ~ OFFICIAL ~
26/SS26/R1154CS
PAGE 21
ST: Nicotine-adjacent products; define to
prohibit distribution of to minors and for
inclusion as an ENDS product.
(16) All fees and penalties collected by the commissioner 492
pursuant to this section shall be used for administration and 493
enforcement of this section. 494
(17) Before January 1, 2026, and annually thereafter, the 495
commissioner shall provide a report to the Legislature regarding 496
the status of the directory, manufacturers and ENDS products 497
included in the directory, revenue and expenditures related to 498
administration of this section, and enforcement activities 499
undertaken pursuant to this section. 500
SECTION 5. This act shall take effect and be in force from 501
and after July 1, 2026. 502