Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.
What changed between versions
Added comprehensive regulations for ENDS products including requirements for manufacturers to submit certifications, maintain a public directory, and comply with FDA marketing orders or premarket applications.
Added new definitions for 'ENDS product', 'timely filed premarket tobacco product application', and 'FDA' to clarify what electronic nicotine delivery systems are covered under the law.
Modified certification requirements to include both cigarette manufacturers and ENDS manufacturers, with ENDS manufacturers required to submit FDA documentation and pay $500 per product annually.
Added requirement for nonresident ENDS manufacturers to post a $25,000 surety bond as a condition for listing in the directory.
Modified penalty structure to include criminal penalties for selling unregistered ENDS products, with escalating fines from $500 to $1,500 per day for repeat violations, plus treble damages if the product contains controlled substances.
Modified seizure and forfeiture procedures to apply to both cigarettes and ENDS products, with 60-day grace periods for retailers to sell or remove unregistered inventory.
Modified effective dates and compliance timelines, with ENDS directory becoming available October 1, 2025, and annual reports due January 31, 2026, instead of January 1.