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MississippiHB 9162025 Regular SessionHouseWALLET

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

Sponsored By: John Thomas "Trey" Lamar (Republican)

Signed by Governor

Ways and MeansFinance

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 4 costs, 3 mixed.

Cigarette makers face yearly filing rules

Starting in 2025, cigarette makers must file yearly certifications before September 1, list their brands, and pay required fees. Filings must verify required federal orders and state business registration or legal-agent information. Makers must correct rejected filings and report material changes within 30 days. Brand additions or changes require a supplemental filing at least 30 days before taking effect. Each false statement in required certification information is a misdemeanor.

Out-of-state makers face agents and bonds

Cigarette and vape makers not registered in Mississippi must keep an in-state agent to receive legal papers and retain listing. Makers outside the United States must also ensure their importers keep Mississippi agents. Makers must give 30 days' advance termination notice and report an agent's own termination within five days. Replacement details are due five days before termination for cigarette agents and five days before appointment for vape agents. Covered unregistered out-of-state vape makers must provide $25,000 in cash security or a U.S. surety bond covering obligations, fines, and seizure costs; replacing a released bond is required within 60 days to avoid removal.

Tobacco businesses face checks and permits

Covered cigarette and vape retailers, distributors, and wholesalers face at least two surprise compliance checks each year. Violations require follow-up checks within 30 days; results must be published yearly and available on request. The Attorney General's Office also has authority to conduct random, unannounced vape inspections. Mississippi must implement a vape retailer, wholesaler, and distributor permit process by January 1, 2026; no permit fee is specified. Collected cigarette and vape fees and penalties must fund administration and enforcement of their respective rules.

Unlisted tobacco sales bring escalating penalties

Cigarette retailers, distributors, wholesalers, and importers face civil fines per style per day for selling or offering unlisted cigarettes. Vape sellers face criminal fines per product per day: up to $500 first, $750–$1,000 second, and $1,000–$1,500 third. Those same tiers apply to cigarette sellers; higher tiers require repeat violations within 12 months. Cigarette makers causing unlisted sales face $10,000 per style daily until removal or listing, plus recoverable enforcement costs; vape makers face $2,500 per product daily. False vape certifications are misdemeanors, later violations can draw court orders stopping sales, and applicable penalties triple when a controlled-substance product causes emergency medical care.

Cigarette sellers face new brand limits

Mississippi's public cigarette directory begins October 1, 2025, with monthly updates and notices to sellers and importers. Unlisted retail sales are barred starting that date or the directory's first public release, whichever is later, subject to transition windows. Retailers get 60 days after release to sell or remove unlisted stock, then 30 days for stock held when a brand is removed; importers, distributors, and wholesalers get those periods to remove stock. Makers receive notice and 15 business days to fix or contest certification, fee, or sales violations before removal. After transition periods, prohibited stock faces seizure, forfeiture, and destruction at the holder's expense; consumers' genuine purchases are protected from seizure.

Vape makers pay yearly product fees

Vape makers must certify each product before September 1, 2025, and yearly afterward, under penalty of perjury. Products need federal marketing approval or a timely filed application accepted for filing and still under review. An application also qualifies when its denial is stayed, rescinded, or vacated; name, brand-style, or packaging-only changes can qualify. Makers pay $500 per product, capped at $15,000 yearly, and report material changes within 30 calendar days. They must document new federal compliance within 30 days after it becomes required; submitted business records receive confidentiality protections, with legally allowed disclosures and redactions.

Vape sellers face new product limits

Mississippi's public vape directory begins October 1, 2025, with monthly updates and notices to makers and licensed sellers. Unlisted retail sales are barred starting that date or the directory's first public release, whichever is later, subject to transition windows. Retailers, distributors, and wholesalers get 60 days after release to sell or remove unlisted stock; retailers get 30 days to sell stock held when a product is removed. Certification failures, unpaid fees, false filings, or unlisted sales can trigger removal, with at least 30 business days' notice and 15 business days to fix problems. After transition periods, prohibited stock faces seizure, forfeiture, and destruction at the responsible person's expense; consumers' genuine purchases are protected from seizure.

Sponsors & Cosponsors

Sponsor

  • John Thomas "Trey" Lamar

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 287 • No: 0

House vote • 3/13/2025

Concurred in Amend From Senate

Yes: 119 • No: 0

Senate vote • 3/6/2025

Passed As Amended

Yes: 48 • No: 0 • Other: 2

House vote • 1/29/2025

Passed

Yes: 120 • No: 0

Actions Timeline

  1. Approved by Governor

    3/20/2025legislature

  2. Enrolled Bill Signed

    3/17/2025Senate

  3. Enrolled Bill Signed

    3/14/2025House

  4. Concurred in Amend From Senate

    3/13/2025House

  5. Returned For Concurrence

    3/12/2025Senate

  6. Motion to Reconsider Tabled

    3/11/2025Senate

  7. Motion to Reconsider Entered

    3/7/2025Senate

  8. Passed As Amended

    3/6/2025Senate

  9. Amended

    3/6/2025Senate

  10. Title Suff Do Pass As Amended

    2/27/2025Senate

  11. Referred To Finance

    2/17/2025Senate

  12. Transmitted To Senate

    1/30/2025House

  13. Passed

    1/29/2025House

  14. Committee Substitute Adopted

    1/29/2025House

  15. Title Suff Do Pass Comm Sub

    1/28/2025House

  16. Referred To Ways and Means

    1/17/2025House

Bill Text

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