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 retain all invoices to a retailer or from a manufacturer for at least two (2) years.
(i) 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.
(j) Except as provided in subsection (l), 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.
(k) 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.
(l) A manufacturer is not required to submit a report described in subsection (j) 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.
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