(1) Beginning on October 1, 2025, the commissioner shall maintain and make publicly available on the department’s website a state cigarette directory listing all cigarette manufacturers that have provided current and accurate certification forms conforming to the requirements of Section 75-101-3 and all brand families that are listed in each manufacturer’s certification. The commissioner shall update the directory at least monthly to ensure accuracy. The commissioner shall establish a process to provide retailers, distributors, wholesalers and importers notice of the initial publication of the directory and subsequently, of changes made to the directory in the prior month.
(2) Neither a manufacturer nor its brand family may be included or retained in the directory if the commissioner determines that:(a) The manufacturer failed to provide a complete and accurate certification as required by subsection (1) of this section;(b) The manufacturer submitted a certification that does not comply with the requirements of Section 75-101-3;(c) The manufacturer failed to include with its certification the payment required by subsection (4) of Section 75-101-3;(d) The manufacturer sold cigarettes in Mississippi required to be certified under this chapter during a period when either the manufacturer or the cigarettes were not certified and listed on the directory; or(e) The information provided by the manufacturer in its certification is determined by the commissioner to contain false information or material misrepresentations or omissions.
(a) The manufacturer failed to provide a complete and accurate certification as required by subsection (1) of this section;
(b) The manufacturer submitted a certification that does not comply with the requirements of Section 75-101-3;
(c) The manufacturer failed to include with its certification the payment required by subsection (4) of Section 75-101-3;
(d) The manufacturer sold cigarettes in Mississippi required to be certified under this chapter during a period when either the manufacturer or the cigarettes were not certified and listed on the directory; or
(e) The information provided by the manufacturer in its certification is determined by the commissioner to contain false information or material misrepresentations or omissions.
(3) The commissioner shall provide a manufacturer notice and an opportunity to cure deficiencies before removing a manufacturer or its brand family of cigarettes from the directory.
(4) The commissioner may not remove a manufacturer or its brand family from the directory before the manufacturer has received notice of the intended removal from the commissioner setting forth the reasons for the action. Notice is sufficient and deemed to be immediately received by a manufacturer if the notice is sent either electronically or by facsimile to an electronic mail address or facsimile number, as the case may be, provided by the manufacturer in its most recent certification filed under Section 75-101-3.
(5) Upon receipt of the notice required under subsection (4) of this section, the manufacturer, no later than fifteen (15) business days from the date of service of the notice, must cure the deficiencies or otherwise establish that the manufacturer or its brand family should be included in the directory.
(6) The commissioner shall update the directory as necessary in order to correct mistakes and to add or remove a manufacturer or brand family to keep the directory in conformity with the requirements of this chapter.