Bill Text: MS SB2819 | 2023 | Regular Session | Introduced
Bill Title: Screening & approval program for over-the-counter availability & retail sale of products; establish through Department of Health.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SB2819 Detail]
Download: Mississippi-2023-SB2819-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Wiggins
Senate Bill 2819
AN ACT TO ESTABLISH A SCREENING AND APPROVAL PROGRAM FOR THE OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED OR ABUSED; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ADMINISTER THE PROGRAM; TO REQUIRE THE STATE HEALTH OFFICER TO APPROVE OR DENY THE OVER-THE-COUNTER AVAILABILITY AND RETAIL SALE OF PRODUCTS THAT CONTAIN ANY SUBSTANCE WITH THE POTENTIAL TO BE RECREATIONALLY USED OR ABUSED; TO PROVIDE THAT A PROCESS TO APPEAL SUCH DETERMINATION SHALL BE AVAILABLE TO THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT WAS DENIED BY THE STATE HEALTH OFFICER; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of this act, the word "department" means the State Department of Health.
(2) There is created within the State Department of Health a screening and approval program for the over-the-counter availability and retail sale of products that contain any substance with the potential to be recreationally used or abused. The purpose of the program is to reduce the retail sale and availability of products that contain certain over-the-counter substances, including, but not limited to, bath salts, kratom, and tianeptine.
(3) Such screening and approval program shall be administered by the department. The State Health Officer, or his or her designee, shall approve or deny the over-the-counter availability and retail sale of products that contain any substance with the potential to be recreationally used or abused. Such approval or denial may be based on anecdotal, scientific, or any other relevant and available evidence to assist the State Health Officer, or his or her designee, in making a determination.
(4) A process to appeal such determination shall be available to the manufacturer or distributor of such product that was denied by the State Health Officer. Such manufacturer or distributor shall appeal directly to the State Board of Health, and upon receipt of the appeal and any supporting documents from the manufacturer or distributor of such substance, the State Health Officer, or his or her designee, shall review all information provided to determine the merit of the appeal. If the State Health Officer, or his or her designee, determines that the appeal lacks merit, the appeal shall be denied.
(5) The department shall establish rules and regulations as necessary to implement and administer the program.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
