MS SB2886

Requires manufacturers of electronic nicotine delivery systems (ENDS products) to submit annual certifications to the Mississippi Department of Revenue by August 1 each year, confirming FDA compliance and listing all brand names, categories, product names, and flavors sold in the state.

Charges manufacturers $1,000 per ENDS product annually and requires submission of FDA marketing orders or documentation of timely-filed premarket applications that are pending, stayed, rescinded, or vacated.

Mandates the Department of Revenue maintain and publish a publicly available directory of certified ENDS products by October 1, 2024, updated monthly, with retailers and wholesalers given 90 days to sell non-listed inventory before products become subject to seizure and destruction.

Imposes civil penalties on retailers, distributors, and wholesalers of up to $500 per non-compliant product ($750-$1,000 for second violation; $1,000-$1,500 for third violation within 12 months) and $10,000 per product for non-compliant manufacturers, with misdemeanor penalties for manufacturers providing false certification information.

Requires manufacturers to appoint registered agents for service of process in Mississippi, undergo at least two unannounced annual compliance checks, and notify the Department of Revenue within 30 days of any material changes to product certifications.