§ 7.1-7-5-1.1 — Requirements for retailers, distributors, and manufacturers

Indiana § 7.1-7-5-1.1

• Jurisdiction: Indiana
• Art. 7: VAPOR PENS AND E-LIQUID
• Ch. 5: Manufacturing and Safety Requirements

Text

1. (a) A retailer must have a valid sales
certificate issued by the commission in accordance with IC 7.1-3-18.5-1 that contains a separate box to check for identifying a
retailer that sells e-liquids.
(b) A retailer may purchase e-liquid only from an Indiana e-liquid
manufacturing permit holder or an Indiana distributor permit holder.
(c) A retailer shall retain all invoices for e-liquid that the retailer
purchases for two (2) years.
(d) A retailer shall not allow the self-service sale for individuals
purchasing an e-liquid.
(e) A retailer may not sell an e-liquid that contains more than
seventy-five (75) milligrams per milliliter of nicotine.
(f) A manufacturer must have an e-liquid manufacturing permit
issued under IC 7.1-7-4.
(g) A distributor that does not have a valid e-liquid manufacturing
permit issued under IC 7.1-7-4 must have a valid distributor's license
issued under IC 6-7-2-8.
(h) A distributor shall purchase and distribute e-liquid from an:
(1) Indiana e-liquid manufacturer that has a valid e-liquid
manufacturing permit under IC 7.1-7-4; or
(2) Indiana e-liquid distributor that has a valid:
(A) e-liquid manufacturing permit issued under IC 7.1-7-4; or
(B) distributor's license under IC 6-7-2-8.
(i) A distributor shall retain all invoices to a retailer or from a
manufacturer for at least two (2) years.
(j) A manufacturer, distributor, or retailer may not market e-liquid
as a modified risk tobacco product, as defined by IC 7.1-7-2-17.5, that
has not been designated as a modified risk tobacco product by the
federal Food and Drug Administration.
(k) Except as provided in subsection (m), a manufacturer, including
a manufacturer of a closed system vapor product, shall annually submit
a report to the commission setting forth:
(1) each new product that the manufacturer is producing and is
sold in Indiana with a list of the contents and ingredients by
volume; and
(2) whether the manufacturer has stopped producing products
previously produced and sold in Indiana.
A report under this subsection is confidential, and the commission may
not disclose it to another person.
(l) A manufacturer shall annually submit a report to the commission
setting forth:
(1) the milligrams per milliliter of nicotine in each product the
manufacturer produces; and
(2) the milliliters of each product sold that current year.
A report under this subsection is confidential, and the ATC may not
disclose it to another person.
(m) A manufacturer is not required to submit a report described in
subsection (k) if the manufacturer submits to the commission a
certification, by October 1 of each year, that each of the manufacturer's
vapor products sold in Indiana has been filed with the federal Food and
Drug Administration.

Legislative History

As added by P.L.206-2017, SEC.29. Amended by P.L.220-2023, SEC.16.