Ind. Code ch. 7.1-7-5

Ind. Code § 7.1-7-5-1 Repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.28.

Ind. Code § 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. As added by P.L.206-2017, SEC.29. Amended by P.L.220-2023, SEC.16; P.L.148-2026, SEC.29.

Ind. Code § 7.1-7-5-2 Request for ingredient approval

Sec. 2. (a) A manufacturer of e-liquid may file a request with the Indiana department of health for approval of an ingredient to be allowed in the composition of e-liquid. (b) The Indiana department of health 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. Amended by P.L.148-2026, SEC.30.

Ind. Code § 7.1-7-5-5 Sale of nicotine analogue products

Sec. 5. (a) As used in this section, "nicotine analogue" means a substance that: (1) has a chemical structure substantially similar to the chemical structure of nicotine and produces; or (2) has, purports to have, or is represented to have; an effect on the central nervous system that is similar to or greater than the effect that nicotine has on the central nervous system. (b) A person may not sell or offer for sale a product that contains a nicotine analogue. (c) In determining whether a product contains a nicotine analogue, the trier of fact may consider the following factors: (1) Marketing of the product. (2) Advertising and labeling. (3) Whether the substance or product has been manufactured, formulated, sold, distributed, or marketed with the intent to avoid laws regulating the sale of products containing nicotine. (4) Any other relevant factor. (d) A person who knowingly or intentionally violates this section commits a Class C misdemeanor. As added by P.L.163-2025, SEC.57.