HB1660 - Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.

1 Co-Sponsor

An Act Relating To The Sale Of Cigarettes In Mississippi; To Define Certain Terms; To Require Each Cigarette Manufacturer Whose Cigarettes Are Sold In Mississippi To File An Annual Certification With The Commissioner Of Revenue Containing Specified Information About The Manufacturer And Its Cigarettes; To Require The Commissioner To Maintain A State Cigarette Directory Available To The Public On The Department Of Revenue's Website; To Prohibit The Sale Of A Manufacturer's Cigarettes If The Manufacturer Is Not Listed On The Directory; To Give Retailers And Importers, Distributors And Wholesalers An Opportunity To Dispose Of Their Cigarette Inventory That Is Not Authorized To Be Sold In The Directory Before The Inventory Is Seized; To Establish Civil Penalties For Retailers And Other Entities Selling Cigarettes That Are Not Included In The Directory; To Require Manufacturers To Have A Registered Agent In The State For Service Of Process; To Require Unannounced Compliance Checks By The Department Of Revenue; To Authorize The Commissioner Of Revenue To Promulgate Rules And Regulations, And To Use Fees And Penalties Collected, For The Administration And Enforcement Of This Act; To Require Annual Reports To The Legislature On The Status Of The State Cigarette Directory And Enforcement Activities; To Bring Forward Section 27-69-53, Mississippi Code Of 1972, Which Authorizes The Confiscation Of Cigarettes Not Having Stamps Affixed To The Package As Required Under The Tobacco Tax Law, For Purposes Of Possible Amendment; To Bring Forward Section 27-69-55, Mississippi Code Of 1972, Which Establishes Procedures For The Seizure Of Certain Tobacco Products Under The Tobacco Tax Law, For Purposes Of Possible Amendment; To Bring Forward Section 27-69-59, Mississippi Code Of 1972, Which Provides For The Search And Seizure Of Illegally Sold Tobacco Products, For Purposes Of Possible Amendment; To Provide That No Later Than September 1, 2024, Every Manufacturer Of An Ends Product That Is Sold For Retail Sale In Mississippi Shall Execute And Deliver To The Commissioner Of Revenue A Certification That The Manufacturer Is Compliant With This Act; To Define Certain Terms; To Provide That The Information Submitted By The Manufacturer Is Considered Confidential Commercial Or Financial Information For Purposes Of The Mississippi Public Records Act Of 1983; To Provide That Beginning On October 1, 2024, The Commissioner Shall Maintain And Make Publicly Available On The Department Of Revenue's Official Website A Directory That Lists All Ends Product Manufacturers, Brand Names, Categories, Product Names, And Flavors For Which Certification Forms Have Been Submitted And Approved By The Commissioner And Shall Require The Update Of The Directory At Least Monthly To Ensure Accuracy; To Require The Commissioner To Establish A Process To Provide Licensed Retailers, Distributors, And Wholesalers Notice Of The Initial Publication Of The Directory And Changes Made To The Directory In The Prior Month; To Provide That Neither A Manufacturer Nor Its Ends Products Shall Be Included Or Retained In The Directory If The Commissioner Determines That The Manufacturer Failed To Provide A Complete And Accurate Certification And Provide Payment; To Provide That After Thirty Calendar Days Following Removal From The Directory, The Ends Product Of A Manufacturer Identified In The Notice Of Removal And Intended For Sale In Mississippi Are Subject To Seizure, Forfeiture, And Destruction, And Shall Not Be Purchased Or Sold For Retail Sale In Mississippi; Beginning On October 1, 2024, Or On The Date That The Commissioner First Makes The Directory Available For Public Inspection On The Department Of Revenue's Website, Whichever Is Later, Ends Products Not Included In The Directory, Shall Not Be Sold For Retail Sale In Mississippi, Either Directly Or Through An Importer, Distributor, Wholesaler, Retailer, Or Similar Intermediary Or Intermediaries; To Provide That Each Retailer Shall Have Sixty Days From The Date That The Commissioner First Makes The Directory Available For Inspection On The Department's Website To Sell Products That Were In Its Inventory And Not Included In The Directory Or Remove Those Products From Inventory; To Provide That After Sixty Calendar Days Following Publication Of The Directory, Ends Products Not Listed In The Directory And Intended For Retail Sale In Mississippi Are Subject To Seizure, Forfeiture, And Destruction, And May Not Be Purchased Or Sold For Retail Sale In Mississippi Except As Otherwise Provided; To Provide That A Retailer, Distributor, Wholesaler, Or Importer Who Sells Or Offers For Sale An Ends Product For Retail Sale In Mississippi That Is Not Included In The Directory Shall Be Subject To A Civil Penalty Of Not More Than Five Hundred Dollars For Each Individual Ends Product Offered For Sale In Violation Of This Act; To Provide That A Manufacturer Whose Ends Products Are Not Listed In The Directory And Who Causes The Products That Are Not Listed To Be Sold For Retail Sale In Mississippi, Is Subject To A Civil Penalty Of Ten Thousand Dollars For Each Individual Ends Product Offered For Sale In Violation Of This Act; To Require A Manufacturer Located Outside Of The United States To Cause Each Of Its Importers Of Any Of Its Products To Be Sold In Mississippi To Appoint, And Continually Engage Without Interruption, The Services Of An Agent In The State; To Require A Manufacturer To Provide Written Notice To The Commissioner Thirty Calendar Days Prior To The Termination Of The Authority Of An Agent; To Provide That Each Retailer, Distributor, And Wholesaler That Sells Or Distributes Electronic Nicotine Delivery Systems Or Nicotine Liquids In This State Shall Be Subject To At Least Two Unannounced Compliance Checks; To Provide That Beginning On January 31, 2025, And Annually Thereafter, The Commissioner Shall Provide A Report To The Legislature That Contains Certain Information Related To The Registry; And For Related Purposes.