All Roll Calls
Yes: 277 • No: 0
IndianaSB 185Second Regular Session 124th General Assembly (2026)SenateWALLET
Alcohol and tobacco matters.
Sponsored By: Ron Alting (Republican)
Became Law
public policyappropriationsthe house
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 0 benefits, 9 costs, 1 mixed.
Permits and rules for e-liquid makers
Beginning January 1, 2027, makers who mix, bottle, package, or sell e‑liquids in Indiana must hold a state manufacturing permit. The initial permit fee is $3,000; renewals cost $1,000. Permits issued after June 30, 2026 last two years (those before July 1, 2026 last five years). Applications must show federal GMP and ingredient‑listing compliance, consent to a background check, and include a sworn statement not to use foreign‑adversary ingredients; certain felonies in the past 10 years bar permits. Bottles must be child‑resistant and tamper‑evident with nicotine warnings. Each year, makers must file a confidential product and ingredient report or submit an FDA filing certification by October 1. Makers may ask the health department to approve ingredients that do not pose an unreasonable threat to health, and may use food‑grade or synthetic flavorings not prohibited by the FDA.
Staff ID rules and tough suspensions
Employees who sell tobacco must have a valid government photo ID on them or a copy on file and ready to show. If an employee cannot produce ID and does not provide proof within five days, the business can be penalized. Three such violations in one year cause a five‑day suspension; a fourth and fifth add more five‑day suspensions; six or more can lead to certificate revocation.
Ban on foreign-adversary vape products
Manufacturers, retailers, and wholesalers subject to this law may not make, source, possess, sell, or distribute e‑liquids or e‑liquid products from nations listed as foreign adversaries. The definition uses the federal list and covers products or ingredients made, sourced, or imported from those nations. It does not cover device parts or FDA‑approved, authorized, or pending‑review products.
Higher fines and FDA-linked revocations
The commission may reprimand, fine up to $10,000 per violation, suspend, or revoke permits and certificates for violations. If the FDA wins a civil penalty in court against a manufacturer, the state must revoke that manufacturer’s permit or certificate.
Licenses and fees for tobacco sellers
Selling tobacco or e‑cigarettes now requires a state certificate. Each location needs its own certificate, and sites with a recent revocation cannot re‑license for one year unless the property was sold to an independent third party. Applicants must be at least 21 and authorized to do business in Indiana. The retail certificate fee is $200; the wholesale certificate fee is $100. The certificate must be posted on‑site, and applications must include set business details and a copy of the owner’s photo ID. Wholesale distributors also need a wholesale certificate for a permanent wholesale premises.
New rules for delivery vape sales
Phone, internet, mail, and similar orders shipped to Indiana are “delivery sales.” Before shipping, sellers must make a good faith age check using a commercial database or a copy of a government ID, be fully paid, accept payment only in the buyer’s name, and ship only to that buyer. Shipping papers must say: “E‑LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.” Knowingly delivering to someone under 21, or shipping without a good faith age check, is a Class C infraction.
Stronger in-store age checks and penalties
If a customer is or looks under 40, sellers must check a government photo ID proving age 21 or older. Selling to someone under 21 is a Class C infraction with fines that rise up to $2,000 based on prior citations at that location in one year. Stores where at least 85% of sales are tobacco may not allow anyone under 21 to enter and must post clear entrance signs; violations can bring fines and higher penalties for repeat offenses.
Tighter sourcing and sales rules for shops
Retailers may buy e‑liquids only from Indiana‑permitted makers or authorized distributor‑wholesalers and must keep invoices for two years. Self‑service sales are banned, and products over 75 mg/mL nicotine cannot be sold. Distributor‑wholesalers must hold the proper license or certificate, source only from authorized Indiana entities, and keep invoices for two years. No one may market an e‑liquid as a “modified risk tobacco product” unless the FDA has given that designation.
What products and companies this law covers
The law covers commercial making, bottling, selling, bartering, importing, possessing, and using e‑liquids in Indiana, including vending machines. It mostly does not apply to manufacturers of closed‑system vapor products unless the article says otherwise. An “e‑liquid product” is a vapor device that contains e‑liquid, with or without nicotine. An old statutory definition of “distributor” is repealed, so some businesses may be reclassified under other permit rules.
Crackdown on nitrous oxide and unpermitted alcohol
Selling alcohol without a permit is now listed as racketeering activity. The law makes flavored nitrous oxide sales or use to get high a crime, with higher penalties for repeat offenders. It exempts restaurant‑supply sales and culinary, medical, and certain law‑enforcement disposal uses. The article also clarifies it does not allow any controlled substances.
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Sponsors & Cosponsors
Sponsor
Ron Alting
Republican • Senate
Cosponsors
David Niezgodski
Democratic • Senate
Ethan Manning
Republican • House
Heath VanNatter
Republican • House
Jean Leising
Republican • Senate
Kyle Walker
Republican • Senate
Mark Spencer
Democratic • Senate
Roll Call Votes
House vote • 2/27/2026
Roll Call 429 on SB0185.05.ENGH.CCH001
Yes: 95 • No: 0
Senate vote • 2/27/2026
Roll Call 329 on SB0185.05.ENGH.CCS001
Yes: 47 • No: 0 • Other: 3
House vote • 2/18/2026
Roll Call 272 on SB0185.04.COMH
Yes: 90 • No: 0
Senate vote • 1/27/2026
Roll Call 102 on SB0185.03.COMS
Yes: 45 • No: 0 • Other: 1
Actions Timeline
Public Law 148
3/12/2026SenateSigned by the Governor
3/12/2026SenateSigned by the President Pro Tempore
3/5/2026SenateSigned by the Speaker
3/3/2026HouseSigned by the President of the Senate
3/2/2026SenateCCR # 1 filed in the House
2/27/2026HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 429: yeas 95, nays 0
2/27/2026HouseRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 329: yeas 47, nays 0
2/27/2026SenateCCR # 1 filed in the Senate
2/27/2026SenateMotion to dissent filed
2/26/2026SenateConcurrence withdrawn
2/26/2026SenateSenate dissented from House amendments
2/26/2026SenateMotion to concur filed
2/25/2026SenateDissent rescinded
2/25/2026SenateHouse conferees appointed: VanNatter, Moed
2/24/2026HouseHouse advisors appointed: Manning, Lehman, Summers
2/24/2026HouseSenate dissented from House amendments
2/23/2026SenateMotion to dissent filed
2/23/2026SenateSenate advisors appointed: Niezgodski, Walker K
2/23/2026SenateSenate conferees appointed: Alting, Spencer
2/23/2026SenateReturned to the Senate with amendments
2/19/2026HouseThird reading: passed; Roll Call 272: yeas 90, nays 0
2/18/2026HouseSecond reading: amended, ordered engrossed
2/17/2026HouseAmendment #2 (Manning) prevailed; voice vote
2/17/2026HouseCommittee report: amend do pass, adopted
2/12/2026House
Bill Text
Engrossed Senate Bill (S)
Enrolled Senate Bill (S)
Introduced Senate Bill (S)
Senate Bill (H)
Senate Bill (S)
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