Tennessee Code Title 67. Taxes and Licenses § 67-4-1034

(1) The manufacturer has received a marketing granted order for the vapor product from the United States food and drug administration (FDA) pursuant to 21 U.S.C. § 387j;

(2) The manufacturer submitted a timely filed premarket tobacco product application for the vapor product to the FDA pursuant to 21 U.S.C. § 387j, and the application either:

(3) The manufacturer is not required to submit an additional marketing granted order or premarket tobacco product application for the vapor product because the vapor product merely reflects changes to the name, brand style, or packaging of a vapor product that is covered under subdivision (b)(1) or (b)(2);  or

(4) The consumable material of the vapor product was processed or blended in the United States at an FDA-registered facility and the consumable material of the vapor product did not come from a foreign adversarial country.  As used in this subdivision (b)(4), “foreign adversarial country” means a country designated by the United States department of commerce under 15 CFR 791.4 on January 1, 2025.

(1) Brand name;

(2) Category, such as consumable material, power unit, device, vapor cartridge, pod, or disposable;

(3) Product name;  and

(4) Flavor.

(1) A copy of:

(2) Payment of a fee of twenty-five dollars ($25.00) for each vapor product each time a manufacturer submits an annual certification form for that vapor product.

(1) The manufacturer failed to provide a complete and accurate certification as required by subsection (b);

(2) The manufacturer submitted a certification that does not comply with the requirements of subsection (c) and (d);

(3) The manufacturer failed to include with its certification the payment required by subdivision (d)(2);

(4) The manufacturer sold products in this state that are required to be certified under this section during a period when either the manufacturer or the product had not been certified and listed on the directory;  or

(5) The information provided by the manufacturer in its certification is determined by the department to contain false information or contains material misrepresentations or omissions.

(i)(1) The department shall provide manufacturers with a written notice of deficiencies and an opportunity to cure those deficiencies before taking action to remove manufacturers or products from the directory.

(2) The department shall not remove the manufacturer or its products from the directory until at least thirty (30) business days after the manufacturer has been given notice of an intended action setting forth the reasons for the removal.  Notice is deemed sufficient and immediately received by a manufacturer if the notice is sent either electronically or by facsimile to an electronic mail address or facsimile number, as the case may be, that was provided by the manufacturer in its most recently filed certification.

(3) A vapor product manufacturer has fifteen (15) business days from the date of service of the notice of the department's intended action to cure the noted deficiencies or otherwise establish that the vapor product manufacturer or its products should be included in the directory.

(4) Retailers have a thirty-day period following the removal of a manufacturer or its products from the directory in which the retailer is authorized to sell such products that were in the retailer's inventory as of the date of removal.  A retailer is not authorized to sell the identified products after the expiration of the thirty-day period.

(5) After thirty (30) calendar days following removal from the directory, the vapor products of a manufacturer identified in the notice of removal and intended for sale in this state are subject to seizure, forfeiture, and destruction, and may not be purchased or sold for retail sale in this state.  The cost of the seizure, forfeiture, and destruction must be borne by the business or person from whom the products are confiscated, except that no products may be seized from a consumer who has made a bona fide purchase of such product.  The department may store and dispose of the seized products as appropriate, in accordance with federal, state, and local laws pertaining to storage and disposal of such products.

(j)(1) Except as provided in subdivisions (j)(2) and (3), beginning January 1, 2027, or on the date that the department first makes the directory available for public inspection on its website, whichever is later, vapor products not included in the directory shall not be sold for retail sale in this state, either directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries.

(2) A retailer has sixty (60) calendar days from the date that the department first makes the directory available for inspection on its website to sell products that were in its inventory and not included in the directory or remove those products from inventory.

(3) A distributor or wholesaler has sixty (60) calendar days from the date that the department first makes the directory available for inspection on its website to remove those products intended for sale in this state that were not included in the directory from its inventory.

(4) After sixty (60) calendar days following publication of the directory, vapor products not listed in the directory and intended for sale in this state are subject to seizure, forfeiture, and destruction, and shall not be purchased or sold for retail sale except as provided in subsection (i).  The cost of the seizure, forfeiture, and destruction must be borne by the business or person from whom the products are confiscated, except that no products may be seized from a consumer who has made a bona fide purchase of such product.

(5) Retailers are authorized to purchase vapor products only from licensed distributors or wholesalers of tobacco products.

(k)(1) The following penalties apply to violations of this section:

(2) In an action to enforce this section, the state is entitled to recover costs, including the costs of investigation, expert witness fees, and reasonable attorney fees.

(3) Notwithstanding this section to the contrary, a repeated violation of this section constitutes a deceptive trade practice under § 47-18-104.

(l)(1) A manufacturer not registered to do business in the state shall, as a condition precedent to having the manufacturer's name or products listed and retained in the directory, appoint, and continually engage without interruption, a registered agent in this state for service of process on whom all process and any action or proceeding arising out of the enforcement of this section may be served.  The manufacturer shall provide to the department the name, address, and telephone number of its agent for service of process and provide any other information relating to its agent as may be requested by the department.

(2) A manufacturer located outside of the United States shall, as an additional condition precedent to having the manufacturer's products listed or retained in the directory, cause each of the importers of any of the manufacturer's products to be sold in this state to appoint, and continually engage without interruption, the services of an agent in this state in accordance with this section.  All obligations of a manufacturer imposed by this section with respect to appointment of its agent also apply to the importers with respect to appointment of their agents.

(3) A manufacturer shall provide written notice to the department not later than thirty (30) calendar days prior to the termination of the authority of an agent appointed pursuant to subdivision (l)(1) or (l)(2).  Not less than five (5) calendar days prior to the termination of an existing agent appointment, a manufacturer shall provide to the department the name, address, and telephone number of the manufacturer's newly appointed agent for service of process and provide any other information relating to the new appointment as may be requested by the department.  In the event an agent terminates an agency appointment, the manufacturer shall notify the department of the termination within five (5) calendar days and include proof to the satisfaction of the department of the appointment of a new agent.