IC 7.1-7-5-1.1 — Requirements for retailers, wholesalers, and manufacturers
Chapter 5. Manufacturing and Safety Requirements
Bills amending this section
Section text
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.
Source: official publisher (2026 edition)