Ind. Code ch. 7.1-7-4

Ind. Code ch. 7.1-7-4
in effect

Ind. Code § 7.1-7-4-1 Permit; application; fee; denial by the federal Food and Drug Administration

Sec. 1. (a) Not later than January 1, 2027, a manufacturer of e-liquid or an e-liquid product that is manufactured or sold in Indiana must obtain a permit under this section. (b) A manufacturer of e-liquid may not mix, bottle, package, or sell e-liquid to retailers, consumers, or wholesalers in Indiana without a permit issued by the commission under this article. (c) A manufacturing permit issued by the commission before July 1, 2026, is valid for five (5) years. A manufacturing permit issued by the commission after June 30, 2026, is valid for two (2) years. (d) An initial application for a manufacturing permit must include the following: (1) The name, telephone number, and address of the applicant. (2) The name, telephone number, and address of the manufacturing facility. (3) The name, telephone number, title, and address of the person responsible for the manufacturing facility. (4) Verification that the facility will comply with applicable tobacco products good manufacturing practices promulgated under 21 U.S.C. 387f(e) of the federal Food, Drug, and Cosmetic Act. (5) Verification that the manufacturer will comply with the applicable ingredient listing required by 21 U.S.C. 387d(a)(1) of the federal Food, Drug, and Cosmetic Act. (6) Written consent allowing the state police department to conduct a state or national criminal history background check on any person listed on the application. (7) A nonrefundable initial application fee of three thousand dollars ($3,000). (8) Verification that the manufacturer will comply with all other state and federal laws related to e-liquids and e-liquid products. (9) An affirmation, made under the penalties for perjury, that the manufacturer will not, to the best of the manufacturer's knowledge, use any ingredients or e-liquids in the manufacturer's manufacturing process from a nation listed as a foreign adversary in 15 CFR 791.4. (10) Evidence of the federal Food and Drug Administration approval, authorization, or application status of each e-liquid or e-liquid product the manufacturer seeks to sell, source, import, or manufacture in the manner described under IC 7.1-7-2-12.5(b)(2). (e) The fees collected under subsection (d)(7) shall be deposited in the enforcement and administration fund established under IC 7.1-4-10. (f) Except as otherwise provided in this article, an applicant for a permit under this section must adhere to all state and federal laws applicable to e-liquids and e-liquid products, including rules and regulations promulgated by the federal Food and Drug Administration. (g) If the federal Food and Drug Administration denies a manufacturer's application for approval or authorization of an e-liquid or e-liquid product during the term of a permit issued under this section, the manufacturer must notify the commission of the denial and submit a supplemental application for a manufacturing permit on a form prescribed by the commission. As added by P.L.176-2015, SEC.9. Amended by P.L.231-2015, SEC.9; P.L.214-2016, SEC.33; P.L.206-2017, SEC.23; P.L.49-2020, SEC.13; P.L.148-2026, SEC.24.

Ind. Code § 7.1-7-4-2 Renewal; application; denial by the federal Food and Drug Administration

Sec. 2. (a) A manufacturing permit that is renewed by the commission before July 1, 2026, is valid for five (5) years. A manufacturing permit that is renewed by the commission after June 30, 2026, is valid for two (2) years. (b) A renewal application for a manufacturing permit must include the following: (1) The name, telephone number, and address of the applicant. (2) The name, telephone number, and address of the manufacturing facility. (3) The name, telephone number, title, and address of the person responsible for the manufacturing facility. (4) Verification that the facility complies with all tobacco products good manufacturing practices: (A) set forth in; and (B) promulgated in federal rules under; 21 U.S.C. 387f through 21 U.S.C. 387u of the federal Food, Drug, and Cosmetic Act. (5) Written consent allowing the state police department to conduct a state or national criminal history background check on any person listed on the application. (6) A nonrefundable renewal application fee of one thousand dollars ($1,000). (7) Verification that the manufacturer will comply with all other state and federal laws related to e-liquids and e-liquid products. (8) An affirmation, made under the penalties for perjury, that the manufacturer will not, to the best of the manufacturer's knowledge, use any ingredients or e-liquids in the manufacturer's manufacturing process from a nation listed as a foreign adversary in 15 CFR 791.4. (9) Evidence of the federal Food and Drug Administration approval, authorization, or application status of each e-liquid or e-liquid product the manufacturer seeks to sell, source, import, or manufacture in the manner described under IC 7.1-7-2-12.5(b)(2). (c) The fees collected under subsection (b)(6) shall be deposited in the enforcement and administration fund established under IC 7.1-4-10. (d) If the federal Food and Drug Administration denies a manufacturer's application for approval or authorization of an e-liquid or e-liquid product during the term of a permit issued under this section, the manufacturer must notify the commission of the denial and submit a supplemental renewal application for a manufacturing permit on a form prescribed by the commission. As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.24; P.L.148-2026, SEC.25.

Ind. Code § 7.1-7-4-4 Permit transfer

Sec. 4. (a) A permit may not be transferred: (1) from the permit holder to another person; or (2) from the location where the permit was approved or renewed to another location; unless approved by the commission. (b) The commission shall allow a permit to be transferred under subsection (a) if the permit has not been suspended or revoked and the new permit holder or location meets the requirements under this article. As added by P.L.176-2015, SEC.9.

Ind. Code § 7.1-7-4-5 Notice to commission of changes; penalty

Sec. 5. If the information required for the initial or renewal permit changes, the permit holder shall notify the commission within ten (10) business days of the change. If any change in the information required for an application results in a violation of this article, the commission may impose a penalty as provided in this article. As added by P.L.176-2015, SEC.9.

Ind. Code § 7.1-7-4-6 "Tamper evident package"; manufacturing facility requirements

Sec. 6. (a) As used in this section: (1) "adulterated" means a product that: (A) consists in whole or in part of any filthy, putrid, or decomposed substance; (B) is contaminated by any added poisonous or added deleterious substance that may render the product injurious to health; or (C) is a foreign adversary product; and (2) "tamper evident package" means a package having at least one (1) indicator or barrier to entry that, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred. (b) A manufacturing facility shall comply with the following requirements: (1) An e-liquid container must use a child proof cap that has the child resistant effectiveness set forth in the federal poison prevention packaging standards, 16 CFR 1700.15(b)(1). (2) An e-liquid container or e-liquid product must use a tamper evident package. The tamper evident package feature must be designed to and remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of the e-liquid container or e-liquid product. (3) The label on an e-liquid container or e-liquid product must meet the nicotine addictiveness warning statement requirements set forth in 21 CFR 1143.3. (4) The manufacturer, wholesaler, or retailer may not add an adulterated product to any e-liquid or e-liquid product produced for sale in Indiana. (5) The manufacturer must submit to random site visits by the commission. (6) The manufacturer may: (A) own and control both the e-liquid or e-liquid product manufacturing process and the bottling process; or (B) subcontract with another manufacturer for the performance of the e-liquid or e-liquid product manufacturing service, the bottling services, or both services. However, both the manufacturer performing a service under clause (B) and the manufacturer for which the service is performed must meet the requirements of this article, including obtaining a permit. (7) A manufacturer may use a flavoring, as defined by IC 7.1-7-2-12, as an ingredient in an e-liquid or e-liquid product. (8) The manufacturer or any person listed on the permit application may not have been convicted within ten (10) years before the date of application of: (A) a federal crime having a sentence of at least one (1) year; (B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); (C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); (D) an Indiana Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or (E) a crime in a state other than Indiana similar to a Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014). As added by P.L.176-2015, SEC.9. Amended by P.L.231-2015, SEC.10; P.L.206-2017, SEC.26; P.L.17-2019, SEC.1; P.L.148-2026, SEC.26.

Ind. Code § 7.1-7-4-7 Copy of application to state police department; criminal history background checks; issuance of permits; reasons for denial

Sec. 7. (a) On receipt of a completed permit application, the commission shall forward a copy of the application to the state police department. (b) The state police department shall perform a state or national criminal history background check of the applicant and return the application to the commission along with the state police department's findings from the state or national background check. The commission is responsible for the cost of a state or national criminal history background check conducted under this article. (c) The commission shall review the permit application after it is returned from the state police department under subsection (b). The commission shall grant or deny a completed application for a permit within sixty (60) days of receipt of the application. If the commission determines that: (1) all the requirements under this article have been met; and (2) the applicant has not been convicted within ten (10) years before the date of application of: (A) a federal crime having a sentence of at least one (1) year; (B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or (C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); (D) an Indiana Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or (E) a crime in a state other than Indiana similar to a Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014). the commission shall approve the application for issuance of the permit. (d) If the completed application for a permit is denied, the commission must state the reasons for the denial. If a completed application is denied under this section, the applicant may reapply within thirty (30) days after the date of the denial. There is no application fee for a reapplication under this subsection. As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.27.

Ind. Code § 7.1-7-4-8 Prohibitions on a foreign adversary product

Sec. 8. (a) A manufacturer that is permitted or required to be permitted under this chapter may not manufacture, source, possess, sell, or otherwise distribute a foreign adversary product. (b) A retailer that holds or is required to hold a tobacco sales certificate under IC 7.1-3-18.5-1 may not possess, sell, or otherwise distribute a foreign adversary product. (c) A wholesaler that holds or is required to hold a wholesale tobacco sales certificate under IC 7.1-3-18.5-1.5 may not possess, sell, or otherwise distribute a foreign adversary product. As added by P.L.148-2026, SEC.27.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026

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