The proposed bill amends the Tobacco Products Act by introducing new definitions for "snuff" and "timely filed premarket tobacco product application," while also granting the State Department of Justice enforcement authority in specific situations. It requires manufacturers of electronic nicotine delivery systems and nicotine liquids to register their products with the state and maintain a directory of approved products. Manufacturers must submit annual certifications to confirm compliance with federal regulations, including timely filed premarket tobacco product applications, and may be required to post a surety bond under certain conditions. The bill outlines penalties for violations and establishes a framework for the seizure and destruction of non-compliant products.

Additionally, the bill mandates that manufacturers appoint agents for service of process, providing written notice of any changes in agent authority. Retailers and distributors are required to undergo at least two unannounced compliance checks annually, with follow-up checks for any violations. The division will publish compliance check results and adopt enforcement rules, with all collected fees and penalties directed to the tobacco products administration fund. An annual report to the legislature on the status of the directory and related financials is also mandated, with the provisions of the act set to take effect on July 1, 2025.

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