Sec. 1.1. (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.

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