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Welcome To Indy Vapor Shop Blog
Thursday, January 29, 2015
Great turnout! Hearing room was over-flowed with a least 100 others in the hallway.

Most of the Senators were engaged with the speakers and asked prudent questions.  It was obvious that a couple of them had no real interest in what was being said by the speakers.

Speaking in support of the bill were a couple of grocery trade representatives whose purpose for being there was an attempt to have the legislature mandate that only a few current grocery wholesale's have a monopoly on all vaping products imported into Indiana.  A obviously self-serving ploy.

The most forceful speaker against the bill was Gregory Conley from The American Vaping Association.  He made many excellent points as to why the bill should not be enacted. 

His comment on how big tobacco products were specifically exempted from the bill brought a coy smile from 3 of the Senators, with one attempting to defend big tobacco only to be shot down by Greg.

The representative from NJoy made a very clear case as to what problems the bill had in its current form.

Shadi Khoury also spoke against the bill to good effect, making several excellent points.

An e-liquid maker who has only been in business for a few months spoke eloquently as to how this bill would put him out of business and cost his life savings.  I apologize but due to the sound quality in the hearing room, I could not get this speakers name.

All in all, I believe that the majority of the Senators believe that the bill in its current form will not pass.  I think "we" have a good chance of seeing the following changes to the bill:

The license fee of $5000 will be lowered.  Hopefully very significantly.

The security and surveillance rules mandated by the bill will be eliminated or reduced to a manageable and reasonable mandate.

Requiring out of state manufacturers to have an Indiana permit will be eliminated.

This was only the first reading of the bill.  Sometime in the next few weeks will be a second reading, hopefully with all of the changes we want.

Please continue to telephone and write your local state representatives and express your rejection of the bills in their current form.

Thank you to all that supported and/or attended this first hearing!


by: Indy Vapor Shop 0 Comments

Tuesday, January 27, 2015
Indiana Legislative Update:

The Senate bill has been referred to the Commerce & Technology Committee.  The committee has their first hearing on this bill this Thursday.

It is apparent that these bills are being fast tracked and we must let the legislators know how we, as vapers, are against this over regulation.

It is imperative that everyone call 1-800-382-9467 and tell the attendant:


"I'm calling to let Senator James Buck and the other members of the Commerce and Technology committee know that I strongly oppose SB 539 the regulation of e-liquids and would like them to reject it."

We have a chance if we all work together.  Quite frankly, the future of Vapor Shops in the state of Indiana depends on this.


by: Indy Vapor Shop 0 Comments

Sunday, January 25, 2015
Hopefully this Federal Commerce Clause will prevent Indiana from enacting the most dangerous and threatening parts of SB 539 and HB 1432:

"A person may not purchase, receive, manufacture, import, or transport, or cause to be imported or transported from another state, territory, or country into Indiana, or transport, ship, barter, give away,
exchange, furnish, or otherwise handle or dispose of e-liquid, or to
possess e-liquid for purpose of sale.

A person may not knowingly receive or acquire e-liquid
from a person who does not hold a valid permit under this article
to sell, deliver, furnish, or give the e-liquid."


This section of the proposed bills would mandate every out of state manufacturer of e-liquid to obtain a permit from the state of Indiana.

If Indiana's model would be used nationwide, then a permit would be required from each state in which the manufacturer desires to sell.

Using Indiana's model, this would cost the manufacturer a minimum of $250,000, thereby forcing almost all small makers of e-liquid out of business.

Vapor Shops in Indiana would be severely limited in brands of e-liquid they could offer their customers. 

The largest sections of these bills pertain to "in state" manufacturing.

These requirements would over-regulate the e-liquid industry in Indiana to the point of forcing almost all vapor shops that make and market their own e-liquid to go out of business.  These regulations are so draconian in their requirements that I am not sure even a pharmacy has to abide by such severe regulations.

While I understand and agree that protection of the consumer is necessary and prudent, these bills are an overt attempt to make it so difficult to own and operate a Vapor Shop in Indiana, that they are effectively a ban on the Industry.  Consumers should note that the pre-filled cartomizers marketed by big tobacco are exempt of these proposed regulations.  In my opinion, these is not a coincidence and further highlights the increasing "government by Corporation" trend in the United States.

------------

The "dormant" Commerce Clause, also known as the "negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly grants Congress the power to regulate commerce "among the several states." The idea behind the dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflict between state and federal statutes, but Congress may allow states to pass legislation that would otherwise be forbidden by the dormant Commerce Clause.[1]

The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice Anthony Kennedy has written that: "The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent."[2]


by: Indy Vapor Shop 0 Comments

Thursday, January 22, 2015
Introduced Version
 
SENATE BILL No. 539 _____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 7.1-1-3; IC 7.1-7.
Synopsis:  Regulation of e-liquids. Requires a manufacturer that manufactures, bottles, or stores e-liquid to have a permit issued by the alcohol and tobacco commission. Establishes requirements to obtain a permit to manufacture e-liquid. Establishes penalties for not complying with the terms of the permit. Prohibits a retailer from selling e-liquid: (1) to a minor; (2) that is purchased from a manufacturer that does not have a permit; or (3) that has been altered or tampered with. Allows a permit holder to bring a civil action for violations of the e-liquids laws.
Effective:  July 1, 2015.
 
 
Yoder
 
 
January 14, 2015, read first time and referred to Committee on Commerce & Technology.
 
 
Introduced
First Regular Session 119th General Assembly (2015)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in  this  style  type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2014 Regular Session and 2014 Second Regular Technical Session of the General Assembly.
SENATE BILL No. 539
 
 
A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-1-3-5.5, AS ADDED BY P.L.94-2008, 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2015]: Sec. 5.5. (a) "Applicant", for purposes of
4 IC 7.1-3-18.5, means a person who applies for a tobacco sales 5 certificate.
6 (b) "Applicant", for purposes of IC 7.1-7, has the meaning set 7 forth in IC 7.1-7-2-2.
8 SECTION 2. IC 7.1-1-3-13 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 13. Container. The term 10 (a) "Container", except as provided in subsection (b), means a 11 receptacle in which an alcoholic beverage is immediately contained
12 and with which the alcoholic beverage contained in it is in immediate
13 contact.
14 (b) "Container", for purposes of IC 7.1-7, has the meaning set 15 forth in IC 7.1-7-2-5.
16 SECTION 3. IC 7.1-1-3-14.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 14.5. Department. The term (a) "Department", except as provided in subsection (b), means the Indiana Department of State Revenue.
(b) "Department", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-6.
 
SECTION 4. IC 7.1-1-3-15.5, AS ADDED BY P.L.20-2013, 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2015]: Sec. 15.5. (a) "Electronic cigarette", except as 9 provided in subsection (b), has the meaning set forth in 10 IC 35-46-1-1.5.
11 (b) "Electronic cigarette", for purposes of IC 7.1-7, has the 12 meaning set forth in IC 7.1-7-2-7.
 
13 SECTION 5. IC 7.1-1-3-25 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 25. Minor. The term (a) 15 "Minor", except as provided in subsection (b), means a person less 16 than twenty-one (21) years of age.
17 (b) "Minor", for purposes of IC 7.1-7, has the meaning set forth 18 in IC 7.1-7-2-15.
 
19 SECTION 6. IC 7.1-1-3-29 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 29. Permit. The term 21 (a) "Permit", except as provided in subsection (b), means a written 22 authorization issued by the commission entitling its holder to 23 manufacture, rectify, distribute, transport, sell, or otherwise deal in 24 alcoholic beverages, all as provided in this title.
25 (b) "Permit", for purposes of IC 7.1-7, has the meaning set forth 26 in IC 7.1-7-2-16.
 
27 SECTION 7. IC 7.1-1-3-30 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 30. Permittee. The term 29 (a) "Permittee", except as provided in subsection (b), means
30 (a) a person who is the holder of a valid permit under this title, and, 31 (b) Also includes including an agent, servant, or employee of, or 32 other person acting on behalf of, a permittee, whenever a permittee is 33 prohibited from doing a certain act under this title.
34 (b) "Permittee", for purposes of IC 7.1-7, has the meaning set 35 forth in IC 7.1-7-2-17.
 
36 SECTION 8. IC 7.1-1-3-47.5 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 47.5. (a) "Tobacco 38 product", except as provided in subsection (b), has the meaning set 39 forth in IC 7.1-6-1-3.
40 (b) "Tobacco product", for purposes of IC 7.1-3-18.5, means a 41 product that:
 42 (1) contains tobacco, including e-liquid (as defined by
 
IC 7.1-7-2-8); and
(2) is intended for human consumption.

 
SECTION 9. IC 7.1-7 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2015]:
 
ARTICLE 7. VAPOR PENS AND E-LIQUID
7 Chapter 1. Applicability
8 Sec. 1. This article applies to the following:
9 (1) The commercial manufacturing, bottling, selling, 10 bartering, or importing of e-liquid in Indiana. 11 (2) The sale, possession, and use of e-liquid products in
12 Indiana.
13 Sec. 2. This article does not limit the powers or duties of the 14 commission under IC 7.1-2.
15 Sec. 3. This article may not be construed to restrict or limit any 16 law under IC 35-48.
 
17 Chapter 2. Definitions
18 Sec. 1. The definitions contained in this chapter apply
19 throughout this article unless the context clearly requires
20 otherwise.
21 Sec. 2. "Applicant" means a person who applies for a permit 22 under this article.
23 Sec. 3. "Audit" means a procedure performed by the
24 commission, including inspection of manufacturing facilities and 25 preparation areas, review of required records, compliance checks, 26 review of personnel working knowledge and training, and taking 27 samples of e-liquid.
28 Sec. 4. "Clean room" refers to the part of an e-liquid 29 manufacturing facility where:
30 (1) the mixing, bottling, and packaging activities are 31 conducted in secure and sanitary conditions in a space that is 32 kept in repair sufficient to prevent e-liquid from becoming
33 contaminated; and
34 (2) the cleaning and sanitizing of equipment is conducted in a 35 manner that reasonably protects against contamination of 36 e-liquid, e-liquid containers, or e-liquid packaging materials. 37 Sec. 5. "Container" means refillable and unsealed receptacles 38 and sealed receptacles larger than two (2) milliliters that contain 39 e-liquid during a manufacturing process. The term does not 40 include a sealed nonrefillable cartridge containing not more than 41 two (2) milliliters of e-liquid.
Sec. 6. "Department" means the Indiana state department of
health.
Sec. 7. "Electronic cigarette" means a powered vaporizer that: (1) is the size and shape of a traditional cigarette;
(2) uses a sealed nonrefillable cartridge containing not more than two (2) milliliters of a liquid; and (3) is intended to be vaporized and inhaled. 7 The term does not include a vapor pen.
8 Sec. 8. "E-liquid" means a substance that is:
9 (1) intended to be vaporized and inhaled using a vapor pen;
10 and
11 (2) manufactured and sold in a refillable or unsealed 12 container or any container larger than two (2) milliliters.
13 Sec. 9. "Employee" means a person who works directly in the 14 service of another person under an express or implied contract of 15 hire, and the employer has the direct right to control the details of 16 work performance. The term does not include a person who works 17 for any independent subcontractor, temporary service provider, or
18 an entity or person not under the direct full control of the
19 employer.
20 Sec. 10. "Flavorings" means a certified food grade additive used 21 to add flavor and that is not prohibited by law.
22 Sec. 11. "Key system" means a licensed or patented key design 23 used to prevent unauthorized duplication of keys for use in high 24 security installations, and that is prospectively exclusive to the 25 security firm for a period of at least ten (10) years.
26 Sec. 12. "Locksmith" means a person or firm who is or employs 27 at least one (1) individual who for the previous one (1) year period 28 has been certified as a:
29 (1) certified professional locksmith; and
30 (2) certified registered locksmith; 31 by the Associated Locksmiths of America.
32 Sec. 13. "Manufacturer" means a person who has been issued
33 a permit.
34 Sec. 14. "Manufacturing" means the process by which an 35 e-liquid is mixed, bottled, packaged, and stored.
36 Sec. 15. "Minor" means an individual who is less than eighteen 37 (18) years of age.
38 Sec. 16. "Permit" means a written authorization issued by the 39 commission entitling the holder to manufacture, sell, or otherwise 40 deal in e-liquid, as provided in this article.
41 Sec. 17. "Permittee" means a person who holds a valid permit under this article, including an agent of, employee of, or other
person acting on behalf of, a permittee.
Sec. 18. "Retailer" means a person, other than a manufacturer, who in the ordinary course of the person's regular trade or business:
(1) acquires any form of e-liquid for the purpose of resale; and
7 (2) transfers the e-liquid to another person for money or other
8 consideration.
9 Sec. 19. "Security firm" means an entity, that is independent 10 from an applicant and manufacturer, with experience in the 11 security business and that:
12 (1) meets the qualifications under IC 7.1-7-4-1(d)(3);
13 (2) is a locksmith; and
14 (3) provides services necessary to ensure the safety and 15 security of e-liquid manufactured for sale in Indiana.
16 Sec. 20. "Vapor pen" means a powered vaporizer, other than an 17 electronic cigarette, that converts e-liquid to a vapor intended for
18 inhalation.
 
19 Chapter 3. Duties and Responsibilities of the Alcohol and 20 Tobacco Commission
21 Sec. 1. The commission is responsible for the enforcement and 22 administration of this article.
23 Sec. 2. The commission has the following duties and 24 responsibilities:
25 (1) To require the submission of information reports, plans, 26 and specifications that are necessary to implement this article.
27 (2) To issue permits and charge fees.
28 (3) To audit facilities that manufacture or sell e-liquid.
29 (4) To take random samples to ensure the safety and quality 30 of the e-liquid and that the e-liquid meets the requirements in
31 this article.
32 (5) To ensure, in coordination with the department, that the 33 e-liquid manufactured or sold in Indiana conforms to
34 appropriate standards of identity, strength, quality, and
35 purity.
36 Sec. 3. The commission shall adopt rules, under IC 4-22-2, that 37 are necessary to administer this article.
38 Chapter 4. Permit Requirements
39 Sec. 1. (a) A manufacturer of e-liquid shall obtain a permit from 40 the commission before mixing, bottling, packaging, or selling 41 e-liquid in Indiana.
(b) The commission shall accept initial applications and issuemanufacturing permits until June 30, 2016.
(c) A manufacturing permit issued by the commission is validfor five (5) years.
(d) An initial application for a manufacturing permit mustinclude the following:
(1) Plans for the construction and operation of the
7 manufacturing facility that demonstrate that the facility
8 design is:
9 (A) consistent with reasonable guidelines regarding clean 10 room facilities and sterilization processes; and 11 (B) capable of meeting all of the security requirements 12 contained in this article.
13 (2) A service agreement entered into with a security firm that
14 is valid for a period of five (5) years from the date of the 15 application and that provides for service and support for the 16 security requirements of this article. The service agreement 17 must be renewable the entire length of time that the applicant 18 holds a permit issued by the commission.
19 (3) Documentation from the security firm demonstrating that 20 the security firm meets the following requirements:
21 (A) The security firm has continuously employed not less 22 than one (1) employee for not less than the previous one (1) 23 year period who is accredited or certified by:
24 (i) the Door and Hardware Institute as an Architectural
25 Hardware Consultant; and
26 (ii) the International Door Association as a certified 27 Rolling Steel Fire Door Technician.
28 (B) The security firm has at least one (1) year of 29 commercial experience, in the preceding year, with the
30 following:
31 (i) Video surveillance system design and installation with 32 remote viewing capability from a secure facility.
33 (ii) Owning and operating a security monitoring station 34 with ownership control and use of a redundant offsite 35 backup security monitoring station.
36 (iii) Operating a facility that modifies commercial hollow 37 metal doors, frames, and borrowed lights with 38 authorization to apply the Underwriters Laboratories
39 label.
40 (4) The name, telephone number, and address of the
41 applicant.
(5) The name, telephone number, and address of the manufacturing facility.
(6) The projected output in gallons per year of e-liquid of themanufacturing facility.
(7) The name, telephone number, title, and address of theperson responsible for the manufacturing facility.
(8) Verification that the facility will comply with proper
7 manufacturing processes.
8 (9) Written consent allowing the state police department to 9 conduct a state or national criminal history background check 10 on any person listed on the application.
11 (10) Written consent allowing the commission, if a permit is 12 issued to the applicant, to enter the premises where the 13 e-liquid is manufactured to conduct physical inspections, 14 sample the product to ensure the e-liquid meets the 15 requirements for e-liquid set forth in this article, and perform
16 an audit.
 
A nonrefundable initial application fee of five thousand
18 dollars ($5,000).

 
19 (12) Any other information required by the commission. 20 Sec. 2. (a) A manufacturing permit that is renewed by the 21 commission is valid for five (5) years.
22 (b) A renewal application for a manufacturing permit must 23 include the following:
24 (1) The name, telephone number, and address of the
25 applicant.
26 (2) The name, telephone number, and address of the 27 manufacturing facility.
28 (3) The output in gallons per year of e-liquid of the 29 manufacturing facility.
30 (4) The name, telephone number, title, and address of the 31 person responsible for the manufacturing facility.
32 (5) Certification by the applicant that the applicant will 33 continue to use the security protocol approved by the 34 commission with the applicant's initial application. However, 35 if the applicant desires to change the previously approved 36 security protocol, the applicant shall submit the suggested 37 changes to the commission for approval.
38 (6) Verification that the facility uses proper manufacturing
39 processes.
40 (7) Written consent allowing the state police department to
41 conduct a state or national criminal history background check on any person listed on the application.
(8) Written consent allowing the commission, if a permit is renewed to the applicant, to enter the premises where the e-liquid is manufactured to conduct physical inspections, sample the product to ensure the e-liquid meets the requirements of e-liquid set forth in this article, and perform an audit.
 
A nonrefundable renewal application fee of one thousand
dollars ($1,000).

 
 (10) Any other information required by the commission. 10 Sec. 3. The security protocol that is employed at the applicant's 11 facility is confidential and not a public record under IC 5-14-3-4.
12 Sec. 4. (a) A permit may not be transferred:
13 (1) from the permit holder to another person; or
14 (2) from the location where the permit was approved or 15 renewed to another location;
16 unless approved by the commission.
17 (b) The commission shall allow a permit to be transferred under 18 subsection (a) if the permit has not been suspended or revoked and 19 the new permit holder or location meets the requirements under 20 this article.
21 Sec. 5. If the information required for the initial or renewal
22 permit changes, the permit holder shall notify the commission 23 within three (3) business days of the change. If any change in the 24 information required for an application results in a violation of this
25 article, the commission may impose a penalty as provided in this
26 article.
 
27 Sec. 6. A manufacturing facility shall comply with the following
28 requirements:
29 (1) An e-liquid container must use a child proof cap. 30 (2) An e-liquid container must be secured using either ring 31 seals or plastic wrap.
32 (3) The label on an e-liquid container must identify the active
33 ingredients.
34 (4) The label must include a separate designation if the 35 product contains nicotine.
36 (5) The label must include a manufacturing date and batch
37 number.
38 (6) The label must include a scannable encryption code tied to 39 the batch number as proscribed by the commission. 40 (7) An e-liquid container must be distributed and sold within 41 two (2) years of the date of manufacture.
(8) The manufacturing facility must comply with reasonable
guidelines regarding clean room facilities and sterilization processes.
(9) The manufacturer must take reasonable steps to ensurethat an unauthorized ingredient is not included in any e-liquid produced for sale in Indiana.
(10) The manufacturer must take reasonable steps to ensure7 that all ingredients used in the production of e-liquid are
8 stored in a secure area accessible only by authorized
9 personnel.
10 (11) The manufacturer's security firm shall install a remotely 11 monitored security system at the facility in areas where 12 e-liquid is mixed, bottled, packaged, and stored.
13 (12) The manufacturer's security firm shall install an 14 exclusive high security key system that limits access to areas 15 where e-liquid is mixed, bottled, packaged, and stored to 16 authorized personnel only.
17 (13) The manufacturer's facility must be subject to 18 twenty-four (24) hour video recording with remote viewing 19 capability in areas where e-liquid is mixed, bottled, packaged,
20 and stored. The video recordings must be retained for at least
21 thirty (30) days.
22 (14) The manufacturer must take reasonable steps to ensure 23 that only authorized personnel have access to secured areas of 24 the facility where e-liquid is mixed, bottled, and packaged. 25 (15) The manufacturer must submit to random audits of the 26 facility and the manufacturer's records by the commission. 27 (16) The manufacturer must submit to random site visits by
28 the commission.
29 (17) The manufacturer must own and control both the e-liquid 30 manufacturing and bottling process.
31 (18) The manufacturer or anyone having a financial interest 32 in a manufacturer may not have been convicted of a felony or
33 an offense involving moral turpitude or a controlled
34 substance.
35 Sec. 7. (a) On receipt of a completed permit application, the 36 commission shall forward a copy of the application to the state 37 police department. The state police department shall perform a 38 state or national criminal history background check of the 39 applicant and return the application to the commission along with 40 the state police department's findings from the state or national
41 background check.
(b) The commission shall review the permit application after it
is returned from the state police department under subsection (a). The commission shall grant or deny a completed application for a permit within sixty (60) days of receipt of the application. If the commission determines that:
(1) all the requirements under this article have been met;
(2) the applicant is of good character; and
7 (3) the applicant has not been convicted of a felony; 8 the commission shall approve the application for issuance of the
9 permit.
10 (c) If the completed application for a permit is denied, the 11 commission must state the reasons for the denial. If a completed 12 application is denied under this section, the applicant may reapply
13 at any time.
14 Chapter 5. Manufacturing and Safety Requirements 15 Sec. 1. (a) E-liquid distributed and sold within Indiana may be 16 comprised of any of the following ingredients:
17 (1) Vegetable glycerol or vegetable glycerin.
18 (2) Propylene glycol.
19 (3) Nicotine.
20 (4) Flavorings.
21 (5) Water.
22 (6) Other ingredients approved by the department under 23 section 2 of this chapter.
24 (b) A person may not purchase, sell, use, or possess any
25 substance intended to be vaporized and inhaled in a vapor pen that
26 contains any ingredient other than an ingredient allowed under 27 subsection (a).
28 Sec. 2. (a) A manufacturer of e-liquid may file a request with the 29 department for approval of an ingredient to be allowed in the 30 composition of e-liquid.
31 (b) The department may approve the request filed under 32 subsection (a) if the department determines that the ingredient will 33 not pose an unreasonable threat to public health and safety. 34 Chapter 6. Violations and Penalties
35 Sec. 1. (a) If a manufacturer violates this article, the 36 manufacturer may be reprimanded, assessed a civil penalty, or
37 have the manufacturer's permit suspended, or in the case of gross 38 or willful misconduct, the permit holder may have the 39 manufacturer's permit revoked for a period of up to one (1) year. 40 At the end of the revocation period, the manufacturer may apply 41 to the commission for reinstatement of the permit.
(b) The commission may assess a civil penalty against a manufacturer for a violation of this article in an amount that does not exceed ten thousand dollars ($10,000). A civil penalty may be assessed in addition to other penalties allowed under this article.
 
Sec. 2. (a) If a retailer knowingly sells e-liquid:
(1) to a minor;
(2) purchased from a manufacturer that does not have a
7 permit; or
8 (3) that has been altered or tampered with;
9 the retailer commits a Class C infraction. For a sale to take place 10 under this section, the buyer must pay the retail establishment for
11 the e-liquid.
12 (b) Notwithstanding IC 34-28-5-4(c), a civil judgment for an 13 infraction committed under this section must be imposed as
14 follows:
 
15 (1) If the retail establishment at that specific business location 16 has not been issued a citation or summons for a violation of 17 this section in the previous one hundred eighty (180) days, a 18 civil penalty of up to two hundred dollars ($200).
19 (2) If the retail establishment at that specific business location 20 has had one (1) citation or summons issued for a violation of 21 this section in the previous one hundred eighty (180) days, a 22 civil penalty of up to four hundred dollars ($400).
23 (3) If the retail establishment at that specific business location 24 has had two (2) citations or summonses issued for a violation 25 of this section in the previous one hundred eighty (180) days, 26 a civil penalty of up to seven hundred dollars ($700).
27 (4) If the retail establishment at that specific business location 28 has had three (3) or more citations or summonses issued for 29 a violation of this section in the previous one hundred eighty
30 (180) days, a civil penalty of up to one thousand dollars
31 ($1,000).
32 A retail establishment may not be issued a citation or summons for 33 a violation of this section more than once every twenty-four (24) 34 hours for each specific business location.
35 (c) It is not a defense that the person to whom e-liquid was sold 36 or distributed did not inhale or otherwise consume e-liquid.
37 (d) The following defenses are available to a retail establishment 38 accused of selling or distributing e-liquid to a person who is less 39 than eighteen (18) years of age:
40 (1) The buyer or recipient produced a driver's license bearing
41 the purchaser's or recipient's photograph showing that the purchaser or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government showing that the purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such7 that an ordinary prudent person would believe that the 8 purchaser or recipient was not less than the age that complies 9 with regulations promulgated by the federal Food and Drug
10 Administration.
11 (e) It is a defense that the accused retail establishment sold or 12 delivered e-liquid to a person who acted in the ordinary course of 13 employment or a business concerning e-liquid:
14 (1) agriculture;
15 (2) processing;
16 (3) transporting; 17 (4) wholesaling; or 18 (5) retailing.
19 (f) As used in this section, "distribute" means to give e-liquid to 20 another person as a means of promoting, advertising, or marketing 21 e-liquid to the general public.
22 (g) Unless a person buys or receives e-liquid under the direction 23 of a law enforcement officer as part of an enforcement action, a 24 retail establishment that sells or distributes e-liquid is not liable for 25 a violation of this section unless the person less than eighteen (18) 26 years of age who bought or received the e-liquid is issued a citation 27 or summons in violation of this article.
28 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected 29 under this section must be deposited in the Richard D. Doyle youth 30 tobacco education and enforcement fund (IC 7.1-6-2-6).
31 (i) A person who violates subsection (a) at least six (6) times in 32 any one hundred eighty (180) day period commits habitual illegal 33 sale of e-liquid, a Class B infraction.
34 Sec. 3. (a) Except as otherwise permitted by this article, a person 35 may not purchase, receive, manufacture, import, or transport, or 36 cause to be imported or transported from another state, territory, 37 or country into Indiana, or transport, ship, barter, give away, 38 exchange, furnish, or otherwise handle or dispose of e-liquid, or to 39 possess e-liquid for purpose of sale.
40 (b) A person may not knowingly receive or acquire e-liquid
41 from a person who does not hold a valid permit under this article to sell, deliver, furnish, or give the e-liquid.
 
 
(c) A person who violates this section commits a Class A infraction.
Sec. 4. A permittee may bring a civil action against any person or entity who violates this article. A permittee may bring the civil action in a court with jurisdiction in Indiana:
(1) based on a violation of this article or the rules adopted by
7 the commission to enjoin the violation; and 8 (2) to recover for actual monetary loss from the violation.
 9 The court shall award attorney's fees to the prevailing party.


by: Indy Vapor Shop 0 Comments

Wednesday, April 30, 2014
Summary of the Proposed New Rules for those not wanting to read the entire 241 page regulation.

Our thanks to Lindsay Fox on ecigarettereviewed.com.

•E-cigarettes cannot be sold to minors (aged under 18).

•Pre-approval or substantial equivalence determinations (equivalent to a product marketed in the US before February 15th, 2007) must be provided for all new e-cigarette products and all existing products.

•Free samples of e-cigarette products will be banned.

•Health warnings must be displayed stating that nicotine is an addictive drug.

•Full ingredients listing and reporting of harmful and potentially harmful constituents required.

•Companies are only allowed to make direct or implied claims of reduced risk if the FDA agrees that scientific evidence supports the claim (to clarify, the FDA is currently unsure whether e-cigarettes are safer than tobacco cigarettes), and that marketing of the product would be beneficial to public health as a whole.

•Vending machines selling e-cigs (or other tobacco products) can only be placed in locations where youths aren’t permitted.

•No ban on flavorings.

•No ban on advertising.

•No ban on online sales (to adults).

•Following 75 day public comment period, the final rule will be published and age restrictions will come into effect 30 days later. Other requirements (such as health warnings) will not come into effect until two years after final publication of the rule.

•Companies will have two years from the final publication of the rules to submit substantial equivalence or premarket approval applications, and products can remain on the market at least until the applications have been responded to.

•The regulation is generally open-ended, meaning further rules (such as restrictions on flavors, for example) could be introduced in the future as separate measures.


by: Indy Vapor Shop 0 Comments

Tuesday, April 29, 2014
Gutfeld: Government's Kneejerk Reaction to e-Cigs? Ban 'em!

The FIVE host Greg Gutfeld slammed the 'kneejerk orthodoxy' of the government's movements toward banning e-Cigarettes.

"When an industry arrives for the making, government arrives for the taking," he said.

Click here


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CASAA: FDA regulation of e-cigarettes.: FOR IMMEDIATE RELEASE WASHINGTON, April 28, 2014 /PRNewswire-USNewswire/ -- Last week, the U.S. Food and Drug Administration (FDA) rele...


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