The proposed bill amends the Tobacco Products Act by introducing new definitions for "snuff" and "timely filed premarket tobacco product application." It grants enforcement authority to the State Department of Justice under specific circumstances and requires manufacturers of electronic nicotine delivery systems and nicotine liquids to register their products with the state. A directory of registered products will be established, and manufacturers must submit annual certifications to confirm compliance with federal regulations, including the submission of a marketing granted order or a timely filed premarket tobacco product application to the FDA. The bill also outlines penalties for selling unregistered products, including escalating civil penalties for repeated offenses and the potential seizure and destruction of non-registered products.

Additionally, the bill sets forth new requirements for manufacturers regarding the appointment of agents for service of process, including notification protocols for terminating and appointing agents. Manufacturers not registered to do business in the state must submit a $25,000 surety bond for potential fines and penalties. Retailers and distributors are required to undergo at least two unannounced compliance checks annually, with results published for public access. The division will adopt rules for implementation and enforcement, with all collected fees and penalties directed to a dedicated fund. An annual report on the directory's status will be submitted to the legislature starting January 31, 2026, and the provisions of the act will take effect on July 1, 2025.

Statutes affected:
introduced version: 61-37-2, 61-37-21