SB 227

Bill Subjects

Agencies; Alcohol And Tobacco Commission (Atc) Agencies; Department Of Revenue (Dor) Alcohol And Tobacco; Tobacco And Nicotine Products Civil Law And Procedure; Liabilities, Damages, And Penalties Retail Merchants

Abstract

Requires manufacturers of alternative nicotine products and vapor products to annually certify their products with the department of state revenue (department). Requires the department to establish and maintain a directory on the department's website of all manufacturers of alternative nicotine products and vapor products. Provides that, if an alternative nicotine product or vapor product is removed from the directory, each retail dealer, distributor, or wholesaler has 21 days from the day the product is removed from the directory to remove the product from its inventory and return the product to the manufacturer for disposal. Provides that, after the 21 day period, the alternative nicotine products or vapor products of a manufacturer identified in the notice of removal are contraband and are subject to seizure, forfeiture, and destruction and may not be purchased or sold in Indiana. Provides the department with certain enforcement authority. Provides that all fees and penalties collected by the department must be used by the department to administer the directory and enforce the requirements associated with the directory. Provides that any alternative nicotine products or vapor products offered for sale in violation of the directory requirements are declared to be contraband and may be seized without a warrant by the department or by any law enforcement agency in Indiana if directed by the commissioner of the department. Provides that a person may not advertise, distribute, market, offer for sale, or sell a vapor product by using, in a trademark of the product or in the product's advertising branding, design, marketing, or packaging, certain terminology that is attractive to minors. Requires the department to submit an annual report to the general assembly. Provides that a violation of the directory requirements constitutes a deceptive act that may be enforced by the attorney general.