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Senate approves bill to create directory of certified e‑cigarette products; amendment requires manufacturers to update compliance after federal changes
Summary
Senate Bill 2850 would direct the state to create and maintain a list of certified electronic nicotine delivery systems (ENDS/vapes) allowed for sale in the state, allow removal of non‑compliant products, and add an amendment requiring manufacturers to submit documentation to the state within 30 days if federal standards change.
Senators approved Senate Bill 2850 on final passage after a floor explanation and a successful amendment that requires manufacturers and sellers to demonstrate compliance if the federal regulatory standard for electronic nicotine devices changes.
Senator Harkins, who explained the bill on the floor, said the legislation "create[s] and maintain[s] a list of certified electronic smoking devices that can be sold in Mississippi." He said the bill is intended to help retailers and wholesalers know which products are legally allowed while relying on the U.S. Food and Drug Administration's premarket review process (PMTA) as the federal compliance standard.
Harkins told colleagues there are many products on the market that have not gone through the federal process and that the Centers for Disease Control estimates more than half of vape products nationwide may be illicit. Under the bill, the state's commissioner of revenue would be empowered to remove manufacturers or products from the directory if they do not meet statutory requirements.
Senator Hill questioned whether the bill's civil enforcement (fines and agent‑in‑state requirements) would deter large sellers who can absorb penalties, asking whether Mississippi should consider criminal penalties similar to Louisiana's law. Harkins said the directory would go into effect in September and that the Legislature could revisit penalties later if needed.
Floor amendment: Harkins offered and the Senate adopted an amendment that requires manufacturers or products to submit documentation within 30 days substantiating compliance when federal code or federal policy changes applicable standards. "If they do change it, whatever the new requirement is, that's what we'll recognize," Harkins said in explanation of the amendment.
The committee substitute and the amendment were adopted on the floor and the bill passed by morning roll call. The sponsor and supporters said the directory is intended to be a consumer‑safety measure that relies on FDA standards and is flexible enough to accommodate future federal regulatory changes.
Ending: The bill now goes to the House. Supporters said enforcement tools and penalties can be revisited after the directory is operating and once implementation costs are known.
