Enrolled Senate Bill (S)

DIGEST

E-liquids. Limits the applicability of e-liquids statutes for a manufacturer of a closed system vapor product. Removes date restrictions in the e-liquids statutes. Removes the following requirements for an initial e-liquids manufacturing permit: (1) Construction and operation plans for manufacturing facilities. (2) Service agreements. (3) Security firm specifications. (4) Projected e-liquid production outputs. (5) Consent for the alcohol and tobacco commission (ATC) to conduct inspections. (6) Any other information required by the ATC. Requires a manufacturer to verify that it will comply with manufacturing practices and ingredient listing requirements required by federal law. Removes the following renewal application requirements: (1) E-liquids. Limits the applicability of e-liquids statutes for a manufacturer of a closed system vapor product. Removes date restrictions in the e-liquids statutes. Removes the following requirements for an initial e-liquids manufacturing permit: (1) Construction and operation plans for manufacturing facilities. (2) Service agreements. (3) Security firm specifications. (4) Projected e-liquid production outputs. (5) Consent for the alcohol and tobacco commission (ATC) to conduct inspections. (6) Any other information required by the ATC. Requires a manufacturer to verify that it will comply with manufacturing practices and ingredient listing requirements required by federal law. Removes the following renewal application requirements: (1) E-liquids production outputs. (2) Security certifications. (3) Consent for the ATC to conduct inspections. (4) Any other information required by the ATC. Removes language concerning security protocol confidentiality. Removes specific requirements concerning remotely monitored security systems. Removes the following requirements regarding a manufacturer: (1) Keeping sample bottles from each batch of e-liquids produced. (2) Ensuring that e-liquid ingredients are stored in a secure area. (3) Ensuring that authorized personnel only have certain secured access. Provides that the ATC shall cover the cost of criminal history background checks. Removes e-liquid ingredient restrictions. Requires a manufacturer to submit a list of ingredients used in the manufacturer's e-liquid production to the ATC. Provides that "e-liquid" is a substance that may or may not contain nicotine and that it is intended to be vaporized and inhaled using a vapor product. Provides that a retailer who: (1) knowingly or intentionally sells e-liquid to a minor; or (2) fails to verify the age of a person less than 27 years of age and sells the person e-liquid commits a Class C infraction. Provides that a person who knowingly or intentionally makes a delivery sale of e-liquids to a minor commits a Class C infraction. Provides that a person who knowingly or intentionally ships e-liquids without first making a good faith effort to verify the age of the purchaser of the e-liquids commits a Class C infraction. Provides that the federal Food and Drug Administration (FDA) has sole jurisdiction to enforce a manufacturer's compliance with certain federal laws. Provides that e-liquids manufacturer permit fees be deposited in the enforcement and administration fund of the ATC. Provides that e-liquids manufactured by an e-liquids manufacturer approved by the ATC before July 1, 2017, may be distributed and sold for retail until the expiration date of the e-liquids. Provides that certain rules relating to the manufacture, distribution, and sale of e-liquids are void. Provides that flavoring may be added to e-liquids only if the flavoring has not been prohibited by the FDA. Prohibits a manufacturer named on a permit from having certain convictions. Provides certain restrictions and procedures for manufacturers, distributors, and retailers. Repeals the ATC's rulemaking authority concerning e-liquids. Adds requirements for retailers who sell e-liquids through a delivery sale. ... View more