Mississippi House Bill HB1461

Mississippi 2024 Regular Session

• Introduced: 2/19/24
• Refer: 2/19/24
• Engrossed: 3/6/24
• Refer: 3/22/24
• Failed: 4/2/24

Caption

Vape directory; require Department of Revenue to maintain and publish.

Impact

The bill aims to create a structured framework that increases accountability among ENDS manufacturers and regulates the sale of vaping products in Mississippi. Notably, it requires the formation of a publicly accessible directory of compliant manufacturers maintained by the Department of Revenue. The establishment of such a directory would enhance transparency for retailers and consumers while facilitating better enforcement of market regulations on vaping products.

Summary

House Bill 1461 mandates that all manufacturers of electronic nicotine delivery systems (ENDS) selling products in Mississippi must submit an annual certification proving compliance with specific regulations. This certification must be delivered to the Department of Revenue by August 1 each year, starting in 2024. Manufacturers must detail their products, including brand names, product categories, and flavors while also ensuring they have received appropriate FDA marketing authorization or have pending applications. Noncompliance may lead to significant penalties and market restrictions.

Sentiment

The sentiment around HB 1461 is generally supportive among health advocacy groups, who view it as a necessary step to regulate the growing vaping market and protect public health. However, some manufacturers and retailers express concerns over potential operational burdens and compliance costs involved in the strict certification process. The bill also brings attention to the importance of managing the vaping industry's growth while safeguarding the community, leading to a mix of cautious optimism and apprehension among stakeholders.

Contention

Key points of contention include the potential for severe penalties for manufacturers that fail to maintain compliance with the directory requirements, as well as the financial implications of the certification fees. Confusion may arise over the extensive requirements for documentation, especially for small businesses unfamiliar with regulatory frameworks. Moreover, stakeholders express concern about the implications of providing confidential commercial information to the Department of Revenue and the treatment of false information, potentially subjecting businesses to harsh penalties without adequate safeguards.