Senate Bill 2885

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 DEFINE CERTAIN TERMS RELATING TO THE ACT; 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; TO PROVIDE AN EXCEPTION FOR CERTAIN ORDINANCES AND REGULATIONS OF MUNICIPALITIES AND COUNTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this act, "department" means the State Department of Health.

(2) "Substance with the potential to be recreationally used or abused" means a substance that is:

(i) Used without direction or supervision by a physician;

(ii) Used, without direction or supervision by a physician, for enjoyment, relaxation, perceived health benefits, social reasons or for some other illegitimate purpose as determined by the State Board of Health; and/or

(iii) Unpredictable and variable in its effects on the user, with a potential to cause harm to the user, and which may lead to psychological and physical dependence, health and social problems, or any other harmful effects as determined by the State Board of Health.

(3) 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.

(4) Such screening and approval program shall be administered by the department. Except as otherwise provided in this act, 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.

(5) 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, within thirty (30) days of such denial, 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.

(6) The department shall establish rules and regulations as necessary to implement and administer the program.

(7) Nothing in this act shall supersede, restrict, or otherwise effect, any ordinance or regulation that a municipality or county has enacted before the effective date of this act, or any ordinance or regulation that is enacted after the effective date of this act, to limit or prohibit the availability, distribution, sale or use of products that contain substances with the potential to be recreationally used or abused.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.