§ 7.1-7-4-6 — "Tamper evident package"; manufacturing facility requirements

Indiana § 7.1-7-4-6

• Jurisdiction: Indiana
• Art. 7: VAPOR PENS AND E-LIQUID
• Ch. 4: Permit Requirements

Text

(a) As used in this section:
(1) "adulterated" means a product that:
(A) consists in whole or in part of any filthy, putrid, or
decomposed substance; or
(B) is contaminated by any added poisonous or added
deleterious substance that may render the product injurious to
health; and
(2) "tamper evident package" means a package having at least one
(1) indicator or barrier to entry that, if breached or missing, can
reasonably be expected to provide visible evidence to consumers
that tampering has occurred.
(b) A manufacturing facility shall comply with the following
requirements:
(1) An e-liquid container must use a child proof cap that has the
child resistant effectiveness set forth in the federal poison
prevention packaging standards, 16 CFR 1700.15(b)(1).
(2) An e-liquid container must use a tamper evident package. The
tamper evident package feature must be designed to and remain
intact when handled in a reasonable manner during the
manufacture, distribution, and retail display of the e-liquid
container.
(3) The label on an e-liquid container must meet the nicotine
addictiveness warning statement requirements set forth in 21 CFR
1143.3.
(4) The manufacturer or retailer may not add an adulterated
product to any e-liquid produced for sale in Indiana.
(5) The manufacturer must submit to random site visits by the
commission.
(6) The manufacturer may:
(A) own and control both the e-liquid manufacturing process
and the bottling process; or
(B) subcontract with another manufacturer for the performance
of the e-liquid manufacturing service, the bottling services, or
both services.
However, both the manufacturer performing a service under
clause (B) and the manufacturer for which the service is
performed must meet the requirements of this article.
(7) A manufacturer may use a flavoring, as defined by IC 7.1-7-2-12, as an ingredient in an e-liquid.
(8) The manufacturer or any person listed on the permit
application may not have been convicted within ten (10) years
before the date of application of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime
committed before July 1, 2014) or a Level 1, Level 2, Level 3,
Level 4, or Level 5 felony (for a crime committed after June 30,
2014);
(C) a crime in a state other than Indiana having a penalty equal
to the penalty for an Indiana Class A, Class B, or Class C felony
(for a crime committed before July 1, 2014) or a Level 1, Level
2, Level 3, Level 4, or Level 5 felony (for a crime committed
after June 30, 2014);
(D) an Indiana Class D felony involving a controlled substance
under IC 35-48-4 (for a crime committed before July 1, 2014)
or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or
(E) a crime in a state other than Indiana similar to a Class D
felony involving a controlled substance under IC 35-48-4 (for
a crime committed before July 1, 2014) or a Level 6 felony
involving a controlled substance under IC 35-48-4 (for a crime
committed after June 30, 2014).

Legislative History

As added by P.L.176-2015, SEC.9. Amended by P.L.231-2015, SEC.10; P.L.206-2017, SEC.26; P.L.17-2019, SEC.1.