The Mississippi Senate on Monday approved a bill to create and maintain a state directory of certified electronic smoking devices that may be sold in Mississippi.

Senator Hawkins, explaining Senate Bill 2850 on the floor, said the measure is “to create and maintain a list of certified electronic smoking devices that can be sold in Mississippi.” He told colleagues that many products on the market have not completed Food and Drug Administration review and that a state directory would help retailers and wholesalers know which products are lawful to sell.

The bill would give the commissioner of the Department of Revenue authority to remove manufacturers or products that do not comply with state requirements. Hawkins said the Centers for Disease Control estimates “more than half of the vape products on the market nationwide consist of illicit products skirting the regulations designed to protect consumers.” He noted neighboring Louisiana has a similar registry with hundreds of entries.

Senators debated enforcement and penalties. Senator Hill asked whether Louisiana’s statute includes criminal penalties and whether Mississippi should consider those to deter sellers with deep pockets who may treat civil fines as a cost of doing business. Hawkins said the directory is scheduled to go into effect in September and that lawmakers could revisit penalties later if fines prove ineffective.

An amendment adopted on the floor requires manufacturers and products to submit documentation within 30 days if federal compliance requirements change (for example, a replacement to the PMTA process). The amendment says failure to substantiate compliance after such a federal change will be grounds for removal from the state directory.

The bill passed by use of a morning roll call; the Senate recorded no roll-call tally on the floor transcript other than that the bill passed by that procedure.

Why it matters: state registration is meant to help retailers avoid illicit products and to provide a tool to remove products that federal or state regulators have deemed noncompliant.

Votes at a glance: Senate Bill 2850 — motion for final passage; outcome: approved (passed by use of morning roll call; recorded “bill passes by use of morning roll call”).

What’s next: If enacted, the Department of Revenue would begin maintaining the directory and could remove products that fail to substantiate compliance after federal rules change.

Speakers quoted or recorded on the topic include Senator Hawkins, Senator Hill, Senator Harkins and Senator Wiggins.