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.
IC 7.1-7-5-2 Request for ingredient approval Sec. 2. (a) A manufacturer of e-liquid may file a request with the department for approval of an ingredient to be allowed in the composition of e-liquid. (b) The department may approve the request filed under subsection (a) if the department determines that the ingredient will not pose an unreasonable threat to public health and safety. As added by P.L.176-2015, SEC.9.