Signed by Governor Mike Pence

Vote Smart's Synopsis:

Vote to pass a bill establishes regulations for the manufacture and sale of e-liquids, effective July 1, 2015.

Highlights:

• Defines “e-liquid” as a substance intended to be vaporized and inhaled using a “vapor pen”, except substances contained in non-refillable sealed cartridges of up to 4 milliliters for use in an “electronic cigarette”  (Sec. 9).

• Defines “vapor pen” as a powered vaporizer that converts e-liquid to a vapor intended for inhalation, except an “electronic cigarette” (Sec. 9).

• Defines “electronic cigarette” as a powered vaporizer that is the size and shape of a traditional cigarette and uses a sealed, non-refillable cartridge containing up to 4 milliliters of liquid intended to be vaporized and inhaled (Sec. 9).

• Requires a manufacturer of e-liquids to obtain a permit from the Alcohol and Tobacco commission in order to mix, bottle, package, or sell e-liquids to retailers or distributors (Sec. 9).

• Specifies that an initial permit issued by the Alcohol and Tobacco Commission is valid for 5 years (Sec. 9).

• Requires an application for a manufacturing permit to include certain items, including, but not limited to, the following items (Sec. 9):
• Plans for the construction and operation of a facility that provides a secure and sanitary “clean room” for the mixing, bottling, and packaging of e-liquid without contamination;
• A 5-year service agreement with a security firm; and
• A non-refundable application fee of $1,000.

• Defines “clean room” as a space in the facility where mixing, bottling, and packaging conditions prevent contamination of e-liquid, the equipment is easily cleanable, and the cleaning and sanitizing process for equipment is consistent with state standards for public health and cleanliness applicable to commercial kitchens (Sec. 9).

• Requires an e-liquid container to have certain features, including, but not limited to, the following features (Sec. 9):
• A child-proof cap that meets certain child resistance effectiveness standards;
• A ring seal or plastic wrap casing; and
• A label with a separate designation, if the product contains nicotine.

• Requires a manufacturing facility to comply with certain requirements, including, but not limited to, the following requirements (Sec. 9):
• The manufacturer must conduct all mixing, bottling and packaging of e-liquid in a clean room;
• The manufacturer must ensure the facility is monitored by 24 hour video recording; and
• The manufacturer must store and maintain 3 samples of 10 milliliters from each batch of e-liquid produced that is over 2 liters for at least 3 years.

• Specifies that a manufacturer who knowingly violates the provisions of this bill may be assessed a civil penalty of up to $10,000 and have their permit suspended for up to 1 year (Sec. 9).

• Prohibits a retailer from selling e-liquid under the following circumstances (Sec. 9):
• The buyer is less than 18 years of age;
• The product has been purchased from a manufacturer without a permit; and
• The product has been altered or tampered with.

Full Bill Text