MISSISSIPPI LEGISLATURE 2025 Regular Session To: Ways and Means By: Representative Yancey House Bill 1486 AN ACT TO REGULATE FLAVORED NICOTINE VAPOR LICENSES; TO REQUIRE ANY PERSON SELLING FLAVORED NICOTINE VAPOR TO HAVE POSTED SIGNS PROHIBITING SALE TO ANY PERSON UNDER 21 YEARS OF AGE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO IMPOSE FINES AND PENALTIES FOR SALE TO PROHIBITED PERSONS; TO BRING FORWARD SECTIONS 97-32-51 AND 97-32-52, MISSISSIPPI CODE OF 1972, WHICH REGULATE ALTERNATIVE NICOTINE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise: (a) "Person" means any individual, company, limited liability company, corporation, partnership, association, joint venture, estate, trust or any other group, or combination acting as a unit, and the plural as well as the singular, unless the intention to give a more limited meaning is disclosed by the context. (b) "Wholesaler" means dealers whose principal business is that of a wholesale dealer, and who is known to the trade as such, who shall sell any tobacco products or vapor products to licensed retail dealers only for the purpose of resale. (c) "Retailer" means every dealer, other than a wholesaler as defined above, whose principal business is that of selling merchandise at retail, who shall sell, or offer the sale of nicotine vapor products. (d) "Consumer" means a person who comes into possession of nicotine vapor products for the purpose of consuming it. (e) "Electronic device" means any device as amended in Section 97-32-51, Mississippi Code of 1972. (f) "Flavored nicotine vapor products" means any nicotine vapor product that is not straight tobacco or straight menthol. (g) "Disposable nicotine device" means a device which utilizes a nicotine solution contained in a sealed and prefilled cartridge or a self-contained chamber within the device such that it is disposable after exhausting the nicotine solution. (h) "Minor" means any person under the age of twenty-one (21). Federal law states no person under the age of twenty-one (21) shall be sold vapor nicotine products and anyone appearing under the age of twenty-seven (27) shall have their ID checked to verify that the person is at least twenty-one (21) years of age. (i) "Department" means the Mississippi Department of Revenue. SECTION 2. (1) The department shall create and manage flavored nicotine vapor licenses for any business engaged in wholesaling or retailing flavored products by July 1, 2025. The license issued is valid only for that location. If a location for which a license has been obtained is sold or transferred, the license, after submission of an application for transfer and a transfer fee of Fifty Dollars ($50.00), may be transferred to the person obtaining the control of the location, pending approval of the department or its designee. The new license will begin its duration for one (1) year and renewed on an annual basis. If an existing business moves to a new location within the State of Mississippi, the owner must apply for a transfer as outlined above. There is only one (1) transfer authorized per location per year. (a) The department retains full and final authority as to the suspension and revocation for cause of any license issued pursuant to this section. The department may appoint a hearing commission of at least three (3) persons which may do all the following: (i) Hear and decide all contested applications for licensing; (ii) Hear and decide all charges against any license holder for violations of this law; (iii) Revoke or suspend licenses as provided for in this law; (iv) Levy administrative fines on license holders; (v) No member of the hearing commission shall participate in the hearing or disposition of any application for a license or charge against a license holder or an employee of a license holder if he or she has any interest therein or involved in the investigation; (b) Any business that intends to derive a source of revenue from flavored nicotine vapor products must register and purchase a flavored nicotine vapor license from the department. The cost is Two Hundred Fifty Dollars ($250.00) per location per year and is renewed on an annual basis. All locations have thirty (30) days to renew their license from the date of expiration with the department. This license is tied directly to the location of the business. (c) All businesses are allowed to sell straight tobacco or straight menthol only nicotine vapor products and do not require a flavored nicotine vapor license. This does not include any tobacco or menthol nicotine vapor products enhanced with any other flavors. SECTION 3. It shall be unlawful for any person, or retailer to sell, barter, deliver or give vapor products to any individual under the age of twenty-one (21). A person may not sell or permit the sale of tobacco/vapor products in the State of Mississippi unless a clearly visible notice is posted at the location where tobacco/vapor products are available for purchase, which notice must state "No person under the age of twenty-one (21) may purchase tobacco products," legibly printed in letters at least one (1) inch high. Any sale of any nicotine vapor products requires legal age verification. SECTION 4. A program shall be established and administered by the department to encourage and support vendors in training employees in legal and responsible sales practices. This program shall be funded through penalties from licensing and enforcement activities. Twenty-five Dollars ($25.00) from the flavored vapor license permit is allocated to funding this program. SECTION 5. (1) The department or its authorized designee may conduct random, unannounced inspections at locations where tobacco/nicotine vapor products are sold to test and ensure compliance with this ordnance. Each retailer of ENDS products is subject to a minimum of one (1) unannounced compliance checks during normal operating hours every quarter of the fiscal year. Unannounced follow-up compliance checks of all noncompliant retailers are required within thirty (30) days after any violation. The department or its designee will publish the results of all compliance checks annually and shall make the results available to the public upon request. This does not preclude any law enforcement in the State of Mississippi from conducting their own checks in coordination with the department or its authorized designee. (2) The department shall establish and administer a Vapor Enforcement Fund. The department shall determine the fines and licensing fees placed into this fund. The department is authorized to seize products listed on the FDA Import Alert list and assess a fine of Twenty-five Dollars ($25.00) per unit seized. SECTION 6. (1) Any business that does not possess a State of Mississippi issued flavored vapor license shall not be allowed to sell flavored nicotine vapor products. (2) No business in the State of Mississippi shall: (a) Make retail sales of tobacco and vapor products within 1,000 (one thousand) feet of any school or church. Existing businesses with sales or production of ENDS products made within six (6) months prior to January 1, 2025, are exempt from this requirement. (b) Hire people who are twenty-one (21) years of age or older to handle flavored nicotine vapor products. (c) Sell any flavored vapor product appealing to minors. Requirements and procedures for the safe and accurate packaging and labeling including prohibiting the use of any images designed or likely to appeal to minors, such as cartoons, packaging that resembles popular candy brands, toys, animals or children, or any other likeness or image containing characters or phrases to advertise to minors as determined by the department. SECTION 7. (1) Businesses that sell vapor products to a minor shall be subject to the following fines and penalties: (a) The first violation of selling to a minor shall be Five Hundred Dollars ($500.00) to the employee and One Thousand Dollars ($1,000.00) to the license holder. (b) The second violation of selling to a minor shall be One Thousand Dollars ($1,000.00) to the employee and Five Thousand Dollars ($5,000.00) to the license holder. The license holder will be sentenced to two (2) weeks in their respective county jail. (c) The third violation of selling to a minor shall be One Thousand Five Hundred Dollars ($1,500.00) to the employee and Ten Thousand Dollars ($10,000.00) to the license holder, the license holder shall be sentenced to four (4) weeks in their respective county jail, and loss of flavored nicotine vapor license issued by the department for the remaining time left on the license. The location may renew their license when annual renewal becomes available. (d) Any business that sells flavored vapor products to minors after losing their State of Mississippi flavored vapor license shall incur a Ten Thousand Dollars ($10,000.00) fine and up to six (6) months in prison. The violating business owner shall be permanently ineligible for a State of Mississippi flavored vapor license. (i) Businesses that have more than three (3) underage sales to minors at the same location within a twelve (12) month consecutive period will surrender their State of Mississippi flavored nicotine vapor license for that location for the rest of the time remaining on their State of Mississippi issued flavored vapor license. They may reapply for renewal when that location renewal time arrives. (ii) Retailers who sell straight tobacco or menthol flavored vapor products to consumers are subject to the same enforcement and monetary penalties for selling to minors as retailers licensed under this act in this section. (2) Any person or business that is in violation of this act shall: (a) Be required to remove flavored nicotine vapor products within thirty (30) days of violation. Failure to remove those products will result in a mandatory two (2) week closure of their business and submit to an inspection from the department or its authorized designee within thirty (30) days of closure. Flavored nicotine vapor products seized by the department will result in a Twenty-five Dollars ($25.00) per unit fine up to Five Thousand Dollars ($5,000.00). (b) Not transfer a flavored nicotine vapor license to another person or business. Any person or business found in violation of this section shall pay a fine of Five Thousand Dollars ($5,000.00) and prohibited from applying for any future licenses issued by the department for tobacco/vapor/CBD products. The department is entitled to recover costs of any investigations, costs of action, and reasonable attorney's fees. SECTION 8. (1) The penalties in this act shall not apply to a person younger than twenty-one (21) years old who purchases or attempts to purchase flavored vapor products while under the direct supervision of employees of the city, county, or state agency for training, education, research, or enforcement purposes. (2) This act prohibits a person under the age of twenty-one (21) from handling flavored vapor products in the course of lawful employment. (3) It is an affirmative defense to a violation of this act for a person to have reasonably relied on proof of age as described by state law. SECTION 9. Section 97-32-51, Mississippi Code of 1972, is brought forward as follows: 97-32-51. (1) For the purposes of this chapter: (a) (i) "Alternative nicotine product" means: 1. An electronic cigarette; 2. Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means; 3. Any electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, any cartridge component, liquid, capsule or powder used to refill or resupply such an electronic device; or 4. An electronic cigar or cigarillo. (ii) Alternative nicotine product does not include: 1. A cigarette or other tobacco product as defined in Section 97-32-3; 2. A product that is a drug under 21 USCS 321(g)(1); 3. A product that is a device under 21 USCS 321(h); or 4. A combination product described in 21 USCS 353(g). (b) (i) "Electronic cigarette" means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe. (ii) Electronic cigarette does not include: 1. A cigarette or other tobacco products as defined in Section 97-32-3; 2. A product that is a drug under 21 USCS 321(g)(1); 3. A product that is a device under 21 USCS 321(h); or 4. A combination product described in 21 USCS 353(g). (2) No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, give or furnish any alternative nicotine product, or any cartridge, component, liquid, capsule or powder thereof, to an individual under twenty-one (21) years of age. The penalties described in this subsection shall be treble the fines described in this section, plus any other penalty provided by law, for the sale, use, possession or furnishing of a controlled substance or other substance to a person, if the alternative nicotine product contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product. Each violation of the provisions of this section shall be treated as a separate offense. A violation of this subsection is punishable as follows: (a) By a fine of Two Hundred Fifty Dollars ($250.00) for a first offense; (b) By a fine of Five Hundred Dollars ($500.00) for a second offense; and (c) By a fine of One Thousand Dollars ($1,000.00) for a third or subsequent offense. (3) Before selling, offering for sale, giving or furnishing an alternative nicotine product, or any cartridge, component liquid, capsule or powder thereof, to an individual, a person shall verify that the individual is at least twenty-one (21) years of age by: (a) Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least twenty-one (21) years of age; or (b) For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is twenty-one (21) years of age or older. SECTION 10. Section 97-32-52, Mississippi Code of 1972, is brought forward as follows: 97-32-52. (1) It shall be unlawful for any person who is in, on or within one thousand five hundred (1,500) feet of a building or outbuilding which is all or part of educational property as defined by Section 97-37-17 to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (1) shall be treated as a separate offense. (2) Upon conviction for violation of the provisions in subsection (1) of this section, the offender shall be punished as follows: (a) For a first offense, a fine of Five Hundred Dollars ($500.00), and no more than twenty (20) hours of community service; (b) For a second offense, a fine of One Thousand Dollars ($1,000.00), and no more than thirty (30) hours of community service; and (c) For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1,500.00), and no more than fifty (50) hours of community service. (3) It shall be unlawful for any person who is in, on or within one thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (3) shall be treated as a separate offense. (4) Upon conviction for violation of the provisions in subsection (3) of this section, the offender shall be punished with treble the fines and community service described in subsection (2) of this section. (5) If the alternative nicotine product sold or furnished in violation of this section contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient to require emergency medical care as a result of using the product, the penalty, upon conviction, shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale or furnishing of the controlled substance or other substance. SECTION 11. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Ways and Means
By: Representative Yancey
# House Bill 1486
AN ACT TO REGULATE FLAVORED NICOTINE VAPOR LICENSES; TO REQUIRE ANY PERSON SELLING FLAVORED NICOTINE VAPOR TO HAVE POSTED SIGNS PROHIBITING SALE TO ANY PERSON UNDER 21 YEARS OF AGE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO IMPOSE FINES AND PENALTIES FOR SALE TO PROHIBITED PERSONS; TO BRING FORWARD SECTIONS 97-32-51 AND 97-32-52, MISSISSIPPI CODE OF 1972, WHICH REGULATE ALTERNATIVE NICOTINE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Person" means any individual, company, limited liability company, corporation, partnership, association, joint venture, estate, trust or any other group, or combination acting as a unit, and the plural as well as the singular, unless the intention to give a more limited meaning is disclosed by the context.
(b) "Wholesaler" means dealers whose principal business is that of a wholesale dealer, and who is known to the trade as such, who shall sell any tobacco products or vapor products to licensed retail dealers only for the purpose of resale.
(c) "Retailer" means every dealer, other than a wholesaler as defined above, whose principal business is that of selling merchandise at retail, who shall sell, or offer the sale of nicotine vapor products.
(d) "Consumer" means a person who comes into possession of nicotine vapor products for the purpose of consuming it.
(e) "Electronic device" means any device as amended in Section 97-32-51, Mississippi Code of 1972.
(f) "Flavored nicotine vapor products" means any nicotine vapor product that is not straight tobacco or straight menthol.
(g) "Disposable nicotine device" means a device which utilizes a nicotine solution contained in a sealed and prefilled cartridge or a self-contained chamber within the device such that it is disposable after exhausting the nicotine solution.
(h) "Minor" means any person under the age of twenty-one (21). Federal law states no person under the age of twenty-one (21) shall be sold vapor nicotine products and anyone appearing under the age of twenty-seven (27) shall have their ID checked to verify that the person is at least twenty-one (21) years of age.
(i) "Department" means the Mississippi Department of Revenue.
SECTION 2. (1) The department shall create and manage flavored nicotine vapor licenses for any business engaged in wholesaling or retailing flavored products by July 1, 2025. The license issued is valid only for that location. If a location for which a license has been obtained is sold or transferred, the license, after submission of an application for transfer and a transfer fee of Fifty Dollars ($50.00), may be transferred to the person obtaining the control of the location, pending approval of the department or its designee. The new license will begin its duration for one (1) year and renewed on an annual basis. If an existing business moves to a new location within the State of Mississippi, the owner must apply for a transfer as outlined above. There is only one (1) transfer authorized per location per year.
(a) The department retains full and final authority as to the suspension and revocation for cause of any license issued pursuant to this section. The department may appoint a hearing commission of at least three (3) persons which may do all the following:
(i) Hear and decide all contested applications for licensing;
(ii) Hear and decide all charges against any license holder for violations of this law;
(iii) Revoke or suspend licenses as provided for in this law;
(iv) Levy administrative fines on license holders;
(v) No member of the hearing commission shall participate in the hearing or disposition of any application for a license or charge against a license holder or an employee of a license holder if he or she has any interest therein or involved in the investigation;
(b) Any business that intends to derive a source of revenue from flavored nicotine vapor products must register and purchase a flavored nicotine vapor license from the department. The cost is Two Hundred Fifty Dollars ($250.00) per location per year and is renewed on an annual basis. All locations have thirty (30) days to renew their license from the date of expiration with the department. This license is tied directly to the location of the business.
(c) All businesses are allowed to sell straight tobacco or straight menthol only nicotine vapor products and do not require a flavored nicotine vapor license. This does not include any tobacco or menthol nicotine vapor products enhanced with any other flavors.
SECTION 3. It shall be unlawful for any person, or retailer to sell, barter, deliver or give vapor products to any individual under the age of twenty-one (21).
A person may not sell or permit the sale of tobacco/vapor products in the State of Mississippi unless a clearly visible notice is posted at the location where tobacco/vapor products are available for purchase, which notice must state "No person under the age of twenty-one (21) may purchase tobacco products," legibly printed in letters at least one (1) inch high. Any sale of any nicotine vapor products requires legal age verification.
SECTION 4. A program shall be established and administered by the department to encourage and support vendors in training employees in legal and responsible sales practices. This program shall be funded through penalties from licensing and enforcement activities. Twenty-five Dollars ($25.00) from the flavored vapor license permit is allocated to funding this program.
SECTION 5. (1) The department or its authorized designee may conduct random, unannounced inspections at locations where tobacco/nicotine vapor products are sold to test and ensure compliance with this ordnance. Each retailer of ENDS products is subject to a minimum of one (1) unannounced compliance checks during normal operating hours every quarter of the fiscal year. Unannounced follow-up compliance checks of all noncompliant retailers are required within thirty (30) days after any violation. The department or its designee will publish the results of all compliance checks annually and shall make the results available to the public upon request. This does not preclude any law enforcement in the State of Mississippi from conducting their own checks in coordination with the department or its authorized designee.
(2) The department shall establish and administer a Vapor Enforcement Fund. The department shall determine the fines and licensing fees placed into this fund.
The department is authorized to seize products listed on the FDA Import Alert list and assess a fine of Twenty-five Dollars ($25.00) per unit seized.
SECTION 6. (1) Any business that does not possess a State of Mississippi issued flavored vapor license shall not be allowed to sell flavored nicotine vapor products.
(2) No business in the State of Mississippi shall:
(a) Make retail sales of tobacco and vapor products within 1,000 (one thousand) feet of any school or church. Existing businesses with sales or production of ENDS products made within six (6) months prior to January 1, 2025, are exempt from this requirement.
(b) Hire people who are twenty-one (21) years of age or older to handle flavored nicotine vapor products.
(c) Sell any flavored vapor product appealing to minors. Requirements and procedures for the safe and accurate packaging and labeling including prohibiting the use of any images designed or likely to appeal to minors, such as cartoons, packaging that resembles popular candy brands, toys, animals or children, or any other likeness or image containing characters or phrases to advertise to minors as determined by the department.
SECTION 7. (1) Businesses that sell vapor products to a minor shall be subject to the following fines and penalties:
(a) The first violation of selling to a minor shall be Five Hundred Dollars ($500.00) to the employee and One Thousand Dollars ($1,000.00) to the license holder.
(b) The second violation of selling to a minor shall be One Thousand Dollars ($1,000.00) to the employee and Five Thousand Dollars ($5,000.00) to the license holder. The license holder will be sentenced to two (2) weeks in their respective county jail.
(c) The third violation of selling to a minor shall be One Thousand Five Hundred Dollars ($1,500.00) to the employee and Ten Thousand Dollars ($10,000.00) to the license holder, the license holder shall be sentenced to four (4) weeks in their respective county jail, and loss of flavored nicotine vapor license issued by the department for the remaining time left on the license. The location may renew their license when annual renewal becomes available.
(d) Any business that sells flavored vapor products to minors after losing their State of Mississippi flavored vapor license shall incur a Ten Thousand Dollars ($10,000.00) fine and up to six (6) months in prison. The violating business owner shall be permanently ineligible for a State of Mississippi flavored vapor license.
(i) Businesses that have more than three (3) underage sales to minors at the same location within a twelve (12) month consecutive period will surrender their State of Mississippi flavored nicotine vapor license for that location for the rest of the time remaining on their State of Mississippi issued flavored vapor license. They may reapply for renewal when that location renewal time arrives.
(ii) Retailers who sell straight tobacco or menthol flavored vapor products to consumers are subject to the same enforcement and monetary penalties for selling to minors as retailers licensed under this act in this section.
(2) Any person or business that is in violation of this act shall:
(a) Be required to remove flavored nicotine vapor products within thirty (30) days of violation. Failure to remove those products will result in a mandatory two (2) week closure of their business and submit to an inspection from the department or its authorized designee within thirty (30) days of closure. Flavored nicotine vapor products seized by the department will result in a Twenty-five Dollars ($25.00) per unit fine up to Five Thousand Dollars ($5,000.00).
(b) Not transfer a flavored nicotine vapor license to another person or business. Any person or business found in violation of this section shall pay a fine of Five Thousand Dollars ($5,000.00) and prohibited from applying for any future licenses issued by the department for tobacco/vapor/CBD products. The department is entitled to recover costs of any investigations, costs of action, and reasonable attorney's fees.
SECTION 8. (1) The penalties in this act shall not apply to a person younger than twenty-one (21) years old who purchases or attempts to purchase flavored vapor products while under the direct supervision of employees of the city, county, or state agency for training, education, research, or enforcement purposes.
(2) This act prohibits a person under the age of twenty-one (21) from handling flavored vapor products in the course of lawful employment.
(3) It is an affirmative defense to a violation of this act for a person to have reasonably relied on proof of age as described by state law.
SECTION 9. Section 97-32-51, Mississippi Code of 1972, is brought forward as follows:
97-32-51. (1) For the purposes of this chapter:
(a) (i) "Alternative nicotine product" means:
1. An electronic cigarette;
2. Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means;
3. Any electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, any cartridge component, liquid, capsule or powder used to refill or resupply such an electronic device; or
4. An electronic cigar or cigarillo.
(ii) Alternative nicotine product does not include:
1. A cigarette or other tobacco product as defined in Section 97-32-3;
2. A product that is a drug under 21 USCS 321(g)(1);
3. A product that is a device under 21 USCS 321(h); or
4. A combination product described in 21 USCS 353(g).
(b) (i) "Electronic cigarette" means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.
(ii) Electronic cigarette does not include:
1. A cigarette or other tobacco products as defined in Section 97-32-3;
2. A product that is a drug under 21 USCS 321(g)(1);
3. A product that is a device under 21 USCS 321(h); or
4. A combination product described in 21 USCS 353(g).
(2) No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, give or furnish any alternative nicotine product, or any cartridge, component, liquid, capsule or powder thereof, to an individual under twenty-one (21) years of age. The penalties described in this subsection shall be treble the fines described in this section, plus any other penalty provided by law, for the sale, use, possession or furnishing of a controlled substance or other substance to a person, if the alternative nicotine product contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product. Each violation of the provisions of this section shall be treated as a separate offense. A violation of this subsection is punishable as follows:
(a) By a fine of Two Hundred Fifty Dollars ($250.00) for a first offense;
(b) By a fine of Five Hundred Dollars ($500.00) for a second offense; and
(c) By a fine of One Thousand Dollars ($1,000.00) for a third or subsequent offense.
(3) Before selling, offering for sale, giving or furnishing an alternative nicotine product, or any cartridge, component liquid, capsule or powder thereof, to an individual, a person shall verify that the individual is at least twenty-one (21) years of age by:
(a) Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least twenty-one (21) years of age; or
(b) For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is twenty-one (21) years of age or older.
SECTION 10. Section 97-32-52, Mississippi Code of 1972, is brought forward as follows:
97-32-52. (1) It shall be unlawful for any person who is in, on or within one thousand five hundred (1,500) feet of a building or outbuilding which is all or part of educational property as defined by Section 97-37-17 to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (1) shall be treated as a separate offense.
(2) Upon conviction for violation of the provisions in subsection (1) of this section, the offender shall be punished as follows:
(a) For a first offense, a fine of Five Hundred Dollars ($500.00), and no more than twenty (20) hours of community service;
(b) For a second offense, a fine of One Thousand Dollars ($1,000.00), and no more than thirty (30) hours of community service; and
(c) For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1,500.00), and no more than fifty (50) hours of community service.
(3) It shall be unlawful for any person who is in, on or within one thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (3) shall be treated as a separate offense.
(4) Upon conviction for violation of the provisions in subsection (3) of this section, the offender shall be punished with treble the fines and community service described in subsection (2) of this section.
(5) If the alternative nicotine product sold or furnished in violation of this section contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient to require emergency medical care as a result of using the product, the penalty, upon conviction, shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale or furnishing of the controlled substance or other substance.
SECTION 11. This act shall take effect and be in force from and after July 1, 2025.