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. (b) A retailer may purchase e-liquid only from an Indiana e-liquid manufacturing permit holder or an Indiana distributor permit holder. (c) A retailer shall retain all invoices for e-liquid that the retailer purchases for two (2) years. (d) A retailer shall not allow the self-service sale for individuals purchasing an e-liquid. (e) A retailer may not sell an e-liquid that contains more than seventy-five (75) milligrams per milliliter of nicotine. (f) A manufacturer must have an e-liquid manufacturing permit issued under IC 7.1-7-4 . (g) A distributor that does not have a valid e-liquid manufacturing permit issued under IC 7.1-7-4 must have a valid distributor's license issued under IC 6-7-2-8 . (h) A distributor shall purchase and distribute e-liquid from an: (1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit under IC 7.1-7-4 ; or (2) Indiana e-liquid distributor that has a valid: (A) e-liquid manufacturing permit issued under IC 7.1-7-4 ; or (B) distributor's license under IC 6-7-2-8 . (i) A distributor shall retain all invoices to a retailer or from a manufacturer for at least two (2) years. (j) A manufacturer, distributor, or retailer may not market e-liquid 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, including a manufacturer of a closed system vapor product, 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 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 ATC 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 vapor products sold in Indiana has been filed with the federal Food and Drug Administration.
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