E-Cigarette Regulations - Indiana

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
Ind. Code § 7.1-1-3-47.5(b) (2021)

 

How does the state define an e-cigarette?

Sales and packaging restrictions

Electronic cigarette means “a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution…[and] includes the components and cartridges.”
Ind. Code §§ 35-46-1-1.5; 24-3-7-4 (2021)

Electronic delivery device means “any product that: (1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product...[and] includes any component part...whether or not the component part is marketed or sold separately.”
Ind. Code § 24-3-7-5 (2021)

Nicotine liquid container means “a bottle or other container that: (1) contains a nicotine liquid or other substance containing nicotine; and (2) is sold, marketed or intended for use with an electronic cigarette or other electronic delivery device [but does not include such container if it is] prefilled and sealed by the manufacturer [and] not intended to be opened by the consumer.”
Ind. Code § 24-3-7-6 (2021)

E-liquid manufacture and sales restrictions

E-liquid means “a substance that: (1) may or may not contain nicotine; and (2) is intended to be vaporized and inhaled using a vapor product.”
Ind. Code § 7.1-7-2-10 (2021)

Tobacco product means “a product that: (1) contains tobacco, including e-liquid...that contains nicotine; and (2) is intended for human consumption.”
Ind. Code § 7.1-1-3-47.5(b) (2020)

Vapor product means “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.”
Ind. Code § 7.1-7-2-23 (2021)

Tax

Closed system cartridge means “a sealed, prefilled, and disposable container of consumable material in which the container is inserted directly into a vapor product, and is not intended to be opened or accessible through customary or reasonably foreseeable handling or use.”
Ind. Code § 6-7-2-0.5 (2021)

Consumable material means “any liquid solution or other material used in an open system container that is depleted as the vapor product is used. The term does not include closed system catridges…”
Ind. Code §§ 6-7-2-0.7; 6-7-4-2 (2021) (effective July 1, 2022)

Open system container means “all containers of consumable material for intended use in a vapor product for which the container is intended to be refillable. The term does not include closed system catridges…”
Ind. Code § 6-7-4-5 (2021) (effective July 1, 2022)

Vapor product means “(1) A device, such as an electronic cigarette, that employs a mechanical heating element, battery, or electronic circuit, regardless of shape or size, that can be used to produce vapor from consumable material that may or may not be sold with the device [or] (2) Any open system container of a consumable material in a solution or other form that is intended to be used with or in a device described in subdivision (1) [or] (3) Disposable vapor product devices that are attached to a closed system cartridge and intended for single use…The term…does not include closed system catridges…”
Ind. Code § 6-7-4-8 (2021) (effective July 1, 2022)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Consumable material and vapor products taxed at rate of 15% of gross retail income received by the retail dealer for the sale.
Ind. Code § 6-7-4-9(b) (2021) (effective July 1, 2022)

Closed system cartridges taxed at rate of 25% of the wholesale price.
Ind. Code § 6-7-2-7.5 (2021) (effective July 1, 2022)

 

What regulations are in place for e-cigarette packaging?

Nicotine liquids/gels must be sold in child-resistant packaging (except prefilled containers not intended to be opened by consumer).
Ind. Code § 24-3-7-7 (2021)

Manufacturers must use e-liquid containers with tamper evident packaging, a child-resistant cap, among other requirements.
Ind. Code § 7.1-7-4-6(b) (2021)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic cigarettes to persons under age 21 prohibited.
Ind. Code §§ 35-46-1-10(b); 35-46-1-10.2(b) (2021)

Sale of e-liquids to persons under age 21 prohibited.
Ind. Code §§ 7.1-7-5.5-1; 7.1-7-6-5; 7.1-7-6-2.1; 35-46-1-10(b); 35-46-1-10.2(b) (2021)

Possession/purchase of an electronic cigarette or e-liquid by persons under age 21 prohibited.
Ind. Code § 35-46-1-10.5(a) (2021)

Self-service displays and vending machine sales of electronic cigarettes restricted to tobacco/vape shops and places inaccessible to persons under age 21.
Ind. Code §§ 35-46-1-11.8; 35-46-1-11.5(c) (2021)

“[S]elf-service sale[s]” of e-liquids prohibited.
Ind. Code § 7.1-7-5-1.1(d) (2020)

Manufacturers, distributors, and retailers prohibited from marketing e-liquid as a modified risk product.
Ind. Code § 7.1-7-5-1.1(i) (2021)

Manufacture (including mixing, bottling, and packaging) and sale of e-liquids restricted to persons with proper permits.
Ind. Code § 7.1-7-4-1(a) (2021)

Retailers prohibited from selling e-liquids with more than 75 mg/ml of nicotine.
Ind. Code § 7.1-7-5-1.1(e) (2021)

“[Retailers] who ship[] e-liquids from a delivery sale order shall include as part of the shipping documents a document with the following statement: ‘E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.’”
Ind. Code § 7.1-7-5.5-5 (2021)

Delivery sales of e-liquids must be prepaid by purchaser, shipped only to purchaser, and only after good faith effort to ascertain age.
Ind. Code §§ 7.1-7-5.5-3; 7.1-7-5.5-2 (2021)

Sale of e-liquid or electronic cigarettes containing vitamin E acetate is prohibited.
Ind. Code § 35-46-1-11.9 (2021)

A specialty e-cigarette/e-liquid store cannot be located within 1,000 feet of a school (applies to new businesses as of July 1, 2020).
Ind. Code § 35-46-1-11.4 (2021)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Ind. Code §§ 7.1-3-18.5-1; 7.1-7-5-1.1(a); 6-7-4-10(a) (2021)

 

What smoke-free restrictions exist for e-cigarette use?

N/A

 

Indiana e-cigarette regulations as of June 15, 2021.

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