IC 7.1-7-5-1.1: Requirements for retailers, wholesalers, and manufacturers

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 or e-liquid products.

(b) A retailer may purchase e-liquid or an e-liquid product only from an Indiana manufacturing permit holder or an Indiana wholesaler permit holder.

(c) A retailer shall retain all invoices for e-liquid and e-liquid products that the retailer purchases for two (2) years.

(d) A retailer shall not allow the self-service sale for individuals purchasing an e-liquid or e-liquid product.

(e) A retailer may not sell an e-liquid or e-liquid product that contains more than seventy-five (75) milligrams per milliliter of nicotine.

(f) A manufacturer must have a manufacturing permit issued under IC 7.1-7-4.

(g) A wholesaler that does not have a valid manufacturing permit issued under IC 7.1-7-4 must have a valid wholesale tobacco sales certificate issued under IC 7.1-3-18.5-1.5.

(h) A wholesaler shall purchase and distribute e-liquid or e-liquid products from an:

(1) Indiana manufacturer that has a valid manufacturing permit under IC 7.1-7-4; or

(2) Indiana wholesaler that has a valid:

(A) manufacturing permit issued under IC 7.1-7-4; or

(B) wholesale tobacco sales certificate under IC 7.1-3-18.5-1.5.

(i) A wholesaler shall retain all invoices to a retailer or from a manufacturer for at least two (2) years.

(j) A manufacturer, wholesaler, or retailer may not market e-liquid or an e-liquid product 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 permitted or required to be permitted under IC 7.1-7-4 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 permitted or required to be permitted under IC 7.1-7-4 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 commission 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 e-liquid or e-liquid products sold in Indiana have been filed with the federal Food and Drug Administration.