Establishes provisions relating to the creation of a vapor product directory
Impact
The legislation is intended to create a structured directory maintained by the Missouri Department of Revenue that lists compliant vapor products and their manufacturers. This directory is to be publicly available, ultimately enhancing consumer protection and ensuring that only products meeting specific safety and regulatory criteria are sold within the state. By establishing this directory, the bill aims to prevent the sale of contraband vapor products and to streamline the enforcement of compliance through penalties for violations.
Summary
House Bill 2211 establishes new provisions concerning vapor products in Missouri, particularly by requiring manufacturers to maintain a certification regarding their products to be sold within the state. This bill mandates that on or before January 1, 2025, all vapor product manufacturers must certify under penalty of perjury that their products have either achieved necessary marketing authorization from the FDA or were marketed prior to certain dates without legal impediments. Manufacturers are expected to submit detailed forms listing their vapor products to ensure compliance with state health and commercial regulations.
Contention
There may be notable resistance from manufacturers regarding the penalties introduced for non-compliance, which include substantial civil fines and potential suspension of selling licenses based on the number of violations. Manufacturers whose products are not listed in the directory may face civil penalties of up to $500 per day. This raises concerns over the economic impact on smaller companies that may not have the resources to navigate the new regulatory landscape effectively. Additionally, discussions may arise around the legality of the enforcement mechanisms and the requirement for manufacturers to designate an agent in the state for service of process.