(1) Before September 1 of each year, beginning in 2025, each cigarette manufacturer whose cigarettes are sold in this state, whether directly or through an importer, wholesaler, distributor, retailer or similar intermediary, shall execute and deliver a certification to the commissioner, on a form and in a manner prescribed by the commissioner, certifying that the manufacturer is in compliance with this chapter. Each certification must include the following information:(a) A list of the manufacturer’s brand families that are sold in Mississippi, which must be updated by executing and delivering to the commissioner a supplemental certification no later than thirty (30) days before any addition to or modification of the list is to take effect;(b) Verification that the manufacturer possesses all orders required by the United States Food and Drug Administration, which must be current, for the manufacture and sale of the cigarettes included in the manufacturer’s brand families;(c) Verification that the manufacturer is registered to do business in this state or has a resident agent for service of process, as required under Section 75-101-11; and(d) All other information and materials specifically requested by the commissioner in the course of enforcing this section.
(a) A list of the manufacturer’s brand families that are sold in Mississippi, which must be updated by executing and delivering to the commissioner a supplemental certification no later than thirty (30) days before any addition to or modification of the list is to take effect;
(b) Verification that the manufacturer possesses all orders required by the United States Food and Drug Administration, which must be current, for the manufacture and sale of the cigarettes included in the manufacturer’s brand families;
(c) Verification that the manufacturer is registered to do business in this state or has a resident agent for service of process, as required under Section 75-101-11; and
(d) All other information and materials specifically requested by the commissioner in the course of enforcing this section.
(2) A cigarette manufacturer that is not listed in the directory maintained by the commissioner pursuant to Section 75-101-5 must submit an initial certification subject to the same requirements and review process required under this section for annual certifications.
(3) If the certification required under subsection (1) of this section is rejected due to incompleteness or incorrectness, the cigarette manufacturer may not submit supplemental documentation to try to cure the rejection but must execute and deliver an entirely new certification to the commissioner.
(4) Each annual certification form must be accompanied by a fee in such amount as may be prescribed by the commissioner.
(5) A manufacturer required to submit a certification form under this section must notify the commissioner of any material change to the certification form within thirty (30) days of the change. A material change includes, but is not limited to, any order or action by the Food and Drug Administration or any court which affects the ability of the manufacturer’s cigarettes to be distributed for commercial distribution or sale in the United States.
(6) A manufacturer that falsely represents any information required by a certification form is guilty of a misdemeanor for each false representation.