MS HB1461

Requires all manufacturers of electronic nicotine delivery systems (ENDS products) sold in Mississippi to submit annual certifications to the Department of Revenue by August 1, 2024, certifying FDA marketing approval or pending applications, with a $500 fee per product.

Mandates the Department of Revenue establish and maintain a publicly available directory of approved ENDS products by October 1, 2024, updated monthly, listing manufacturers, brand names, product names, categories, and flavors.

Prohibits sale of ENDS products in Mississippi not listed in the directory beginning October 1, 2024, with a 60-day grace period for retailers to sell existing inventory; unlisted products become subject to seizure and destruction after the grace period.

Establishes civil penalties of up to $500 per product for retailers/distributors selling unlisted products (increasing to $750-$1,500 for repeat violations) and $10,000 per product for manufacturers causing unlisted sales, plus misdemeanor charges for false certification representations.

Requires unannounced compliance checks at least twice annually for retailers, distributors, and wholesalers selling ENDS products, and mandates the Department of Revenue submit annual reports to the Legislature on directory status, enforcement activities, and related revenue.