HB916 creates a Mississippi regulatory framework for the sale of cigarettes and electronic nicotine delivery systems (ENDS), including vape products, by requiring manufacturers to certify compliance with state and federal requirements and by directing the Commissioner of Revenue to maintain public directories of approved products. For cigarettes, manufacturers must file annual certifications listing brand families and verifying FDA-related compliance and registration or agent requirements. For ENDS products, manufacturers must certify that each product has an FDA marketing order, a timely filed premarket tobacco product application, or qualifies as a covered name/packaging change, and must submit product-level information such as brand, category, name, and flavor.
The bill prohibits the retail sale of any cigarette or ENDS product not listed in the applicable directory once the directory is published and the transition periods expire. It gives retailers, wholesalers, distributors, and importers limited time to clear inventory of non-listed products before those products become subject to seizure, forfeiture, and destruction. The bill also authorizes civil and criminal penalties for selling non-listed products, with escalating penalties for repeat violations, and adds special treatment for ENDS products containing controlled substances. It further requires out-of-state and foreign manufacturers to maintain Mississippi agents for service of process, and for certain nonresident ENDS manufacturers to post a surety bond.
HB916 also expands enforcement tools. The Department of Revenue must conduct unannounced compliance checks on retailers, distributors, and wholesalers, and the Attorney General’s Office is authorized to conduct random inspections for ENDS compliance. The commissioner may adopt rules, collect fees, and use fees and penalties to administer and enforce the act. The bill brings forward existing tobacco contraband, seizure, and search-and-seizure statutes for possible amendment, tying the new directory system to Mississippi’s broader tobacco tax and contraband enforcement laws.
The bill’s impact on state law is significant because it adds a new licensing-by-directory model for tobacco and vape products, effectively making inclusion on a state-maintained list a condition for lawful sale. It creates new duties for manufacturers, retailers, wholesalers, distributors, importers, and enforcement agencies, while also establishing reporting obligations to the Legislature and confidentiality protections for certain manufacturer submissions. It also requires the Department of Revenue to implement a permitting process for ENDS retailers, wholesalers, and distributors by January 1, 2026.
The overall sentiment reflected in the voting history was strongly favorable and largely noncontroversial: the House passed the bill 120-0, the Senate passed it 48-0 as amended, and the House then concurred in the Senate amendment 119-0. With no committee transcript available and unanimous or near-unanimous votes in both chambers, the bill appears to have had broad bipartisan support. The main points of contention inherent in the text are the regulatory burden on tobacco and vape businesses, the seizure and destruction provisions, the confidentiality and fee requirements, and the strong enforcement and penalty structure, especially for ENDS products and out-of-state manufacturers.
HB916 amends Mississippi’s tobacco regulatory and enforcement framework by creating separate state directories for cigarettes and ENDS products and making directory inclusion a prerequisite to lawful sale. It imposes annual certification, fee, agent-for-service, and reporting requirements on manufacturers; restricts sales of non-listed products; authorizes seizure, forfeiture, and destruction of noncompliant inventory; and adds civil, criminal, and administrative penalties. It also supplements existing contraband and search-and-seizure statutes in the tobacco code and requires the Department of Revenue and Attorney General to conduct compliance checks and enforcement actions.
The bill appears to have been broadly supported and largely noncontroversial in the Legislature. It passed the House 120-0, the Senate 48-0 as amended, and the House concurred in the Senate amendment 119-0. The unanimous votes suggest strong agreement on tightening oversight of cigarette and vape product sales, improving tax and product compliance, and giving state agencies stronger enforcement tools.
The principal areas of potential contention are the bill’s regulatory and enforcement burdens on manufacturers and retailers, especially smaller businesses and out-of-state or foreign manufacturers. The directory system, inventory sell-off deadlines, seizure authority, escalating penalties, surety bond requirement for some ENDS manufacturers, and expanded inspection powers could be viewed as onerous. The bill also raises concerns about confidentiality of manufacturer submissions and the treatment of ENDS products containing controlled substances, but the recorded votes indicate these issues did not produce significant legislative opposition.