§ 6-7-4-10 — Electronic cigarette retail dealer's certificate; application process; bond requirement

(a) It is unlawful for any retail dealer to sell
consumable material or vapor products in Indiana unless the retail
dealer has a valid open system electronic cigarette retail dealer's
certificate issued by the department.
(b) The department shall issue certificates to applicants that qualify
under this section. A certificate issued under this section is valid for
two (2) years unless revoked or suspended by the department and is not
transferable. An open system electronic cigarette retail dealer's
certificate may be revoked or suspended by the department in the same
manner, for the same reasons, and is subject to the same procedures as
for the revocation or suspension of a retail merchant's certificate under
IC 6-2.5-8-7. If a retail dealer's retail merchant's certificate under IC 6-2.5-8 expires or is revoked by the department, an open system
electronic cigarette retail dealer's certificate issued to the retail dealer
under this subsection shall automatically be revoked without notice
otherwise required under IC 6-2.5-8.
(c) An applicant for a certificate under this section must submit
proof to the department of the appointment of an agent for service of
process in Indiana if the applicant is:
(1) an individual whose principal place of residence is outside
Indiana; or
(2) a person, other than an individual, that has its principal place
of business outside Indiana.
(d) To obtain or renew a certificate under this section, a person
must:
(1) submit, for each location where it intends to distribute
consumable material or vapor products, an application that
includes all information required by the department;
(2) pay a fee of twenty-five dollars ($25) at the time of
application; and
(3) at the time of application, post a bond, issued by a surety
company approved by the department, in an amount not less than
one thousand dollars ($1,000) and conditioned on the applicant's
compliance with this chapter.
(e) If business is transacted at two (2) or more places by one (1)
retail dealer, a separate certificate must be obtained for each place of
business.
(f) Each certificate must be numbered, show the name and address
of the retail dealer, and be posted in a conspicuous place at the place
of business for which it is issued.
(g) If the department determines that a bond provided by a
certificate is inadequate, the department may require a new bond in the
amount necessary to fully protect the state.

Legislative History

As added by P.L.165-2021, SEC.119. Amended by P.L.194-2023, SEC.30; P.L.205-2025, SEC.20.