HB 916 Mississippi House · 2025 Regular Session

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sale of.

HB 916 requires cigarette and e-cigarette (vape) manufacturers selling in Mississippi to submit annual certifications to the state Commissioner of Revenue. The state will maintain a public online directory listing approved manufacturers, brands, and products; products not in the directory cannot be sold. Retailers and distributors have 60 days after the directory launches to sell existing inventory of unlisted products, after which unlisted items face seizure, fines ($500-$1,500 per violation), or criminal penalties. The directory for e-cigarettes becomes active October 1, 2025, with annual enforcement reports to the legislature.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Mar 2025

Introduced Jan 30, 2025 Signed Mar 20, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

As Passed the lower → Current version · 10 edits

MAJOR

HB 916 was amended to remove references to cigarettes and focus primarily on Electronic Nicotine Delivery Systems (ENDS) like vapes and e-cigarettes. The bill now includes specific definitions for ENDS products, establishes a public directory of compliant manufacturers, and sets stricter penalties for selling unlisted products. Key changes include new compliance deadlines, updated penalty amounts, and expanded enforcement authority for the Department of Revenue and Attorney General.

Scope change

The bill's scope shifted from regulating both cigarettes and ENDS products to primarily focusing on ENDS products, though it still includes provisions for cigarette manufacturers. The definition of regulated products now explicitly includes various types of vaping devices and nicotine liquids.

SCOPE

Removed 'electronic nicotine delivery systems' from the title and act summary, though ENDS products remain the primary focus of the bill.

DEFINITION

Added new Section 10 with detailed definitions for 'Commissioner', 'Department', 'ENDS product', 'Timely filed premarket tobacco product application', and 'FDA'.

TIMELINE

Changed the certification deadline from September 1, 2025 to 'no later than September 1, 2025' and added a new requirement for manufacturers to submit documentation of compliance with new federal requirements within 30 days.

Extended the annual legislative reporting deadline from January 1, 2026 to January 31, 2026.

ENFORCEMENT

Increased criminal penalties for selling unlisted ENDS products from $500 to $750-$1,000 for second violations and $1,000-$1,500 for third violations within a 12-month period.

Added new civil penalty of $2,500 per day for manufacturers whose unlisted ENDS products are sold in Mississippi.

Added requirement for at least two unannounced compliance checks annually for retailers, distributors, and wholesalers.

Expanded seizure and forfeiture provisions to include ENDS products intended for sale to consumers, not just retail sale.

REQUIREMENT

Changed the annual certification fee cap from $500 per product to a maximum of $15,000 annually per manufacturer.

Added requirement for manufacturers outside the United States to appoint an in-state agent for service of process.

As Introduced → Committee Substitute · 12 edits

MAJOR

The bill was revised to expand its scope from regulating only cigarettes to also including electronic nicotine delivery systems (ENDS) like vapes and e-cigarettes. The Committee Substitute adds new definitions, creates a separate directory for ENDS products, establishes new certification requirements for ENDS manufacturers, and prescribes criminal and civil penalties for selling unlisted ENDS products. It also clarifies enforcement procedures and adds requirements for out-of-state manufacturers to appoint agents in Mississippi.

Scope change

The bill's scope was significantly expanded to include electronic nicotine delivery systems (ENDS) in addition to cigarettes, requiring separate directories, certifications, and enforcement mechanisms for both product types.

SCOPE

Added comprehensive regulation of electronic nicotine delivery systems (ENDS) including vapes, e-cigarettes, and related products alongside cigarettes.

DEFINITION

Created new definitions for ENDS products, including consumable nicotine liquids and devices that produce vapor from nicotine solutions.

REQUIREMENT

Added mandatory certification requirements for ENDS manufacturers to submit FDA compliance information and pay $500 per product annually.

Established a separate ENDS product directory that must be updated monthly and made publicly available on the Department of Revenue website.

Required out-of-state ENDS manufacturers to appoint registered agents in Mississippi and post $25,000 surety bonds.

Added requirement for manufacturers to provide written notice 30 days before terminating their registered agent's authority.

Added requirement for retailers to remove unlisted ENDS products from inventory within 30 days after manufacturer removal from directory.

Established new compliance check requirements for distributors and wholesalers of ENDS products.

ENFORCEMENT

Created criminal penalties for selling unlisted ENDS products, including treble damages if the product contains controlled substances like fentanyl.

Added civil penalties of $2,500 per day for manufacturers selling unlisted ENDS products, plus misdemeanor charges for false certification information.

Authorized Attorney General's office to conduct random, unannounced inspections at locations where ENDS products are sold.

TIMELINE

Changed the initial grace period for retailers from 60 days to 30 days after directory publication for selling unlisted products.

Floor votes · Senate Mar 6, 2025 · House Jan 29, 2025

How they voted

48–0

Passed · 3 other

Total votes 51

Mar 6, 2025

D Democratic16

15 Yea 1

93% Yea

R Republican35

33 Yea 2

94% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 20, 2025

Signed into law

Approved by Governor

executive

Mar 13, 2025

Lower · Passed

Concurred in Amend From Senate

lower

Mar 6, 2025

Upper · Passed

Passed As Amended

upper

Mar 6, 2025

Upper · Passed

Amended

upper

Feb 27, 2025

Upper · Passed

Title Suff Do Pass As Amended

upper

Feb 17, 2025

Committee

Referred To Finance

upper

Jan 30, 2025

Introduced

Transmitted To Senate

lower

Jan 29, 2025

Lower · Passed

Passed

lower

Jan 28, 2025

Lower · Passed

Title Suff Do Pass Comm Sub

lower

Jan 17, 2025

Committee

Referred To Ways and Means

lower

1 primary · 0 co-sponsors