§926. Vapor product and alternative nicotine product directory
A. Beginning October 1, 2023, every vapor product manufacturer and alternative
nicotine product manufacturer whose products are sold in this state, whether directly or
through a wholesale dealer, retail dealer, or similar intermediary or intermediaries, shall
execute and deliver, on a form prescribed by the commissioner, a certification to the
commissioner certifying, under penalty of perjury, either of the following:
(1) The product was on the market in the United States as of August 8, 2016, and the
manufacturer has applied for a marketing order pursuant to 21 U.S.C. 387j for the vapor
product or alternative nicotine product by submitting a premarket tobacco product
application on or before September 9, 2020, to the United States Food and Drug
Administration, hereinafter referred to in this Section as the "FDA", and either of the
following is true:
(a) The premarket tobacco product application for the vapor product or alternative
nicotine product remains under review by the FDA.
(b) The FDA has issued a no marketing order for the vapor product or alternative
nicotine product, but the agency or a federal court has issued a stay order or injunction during
the pendency of the manufacturer's appeal of the no marketing order, or the order has been
appealed either to the FDA or a challenge to the order filed with a federal court and the
appeal or challenge is still pending.
(2) The manufacturer has received a marketing order or other authorization under 21
U.S.C. 387j for the vapor product or alternative nicotine product from the FDA.
B. In addition to the requirements of Subsection A of this Section, each manufacturer
shall provide a copy of the cover page of the premarket tobacco application with evidence
of receipt of the application by the FDA or a copy of the cover page of the marketing order
or other authorization issued pursuant to 21 U.S.C. 387j, whichever is applicable.
C. Any manufacturer submitting a certification pursuant to Subsection A of this
Section shall notify the commissioner within thirty days of any material change to the
certification, including issuance by the FDA of any of the following:
(1) A market order or other authorization pursuant to 21 U.S.C. 387j.
(2) An order requiring a manufacturer to remove a product from the market either
temporarily or permanently.
(3) Any notice of action taken by the FDA affecting the ability of the new product
to be introduced or delivered into interstate commerce for commercial distribution.
(4) Any change in policy that results in a product no longer being exempt from
federal enforcement oversight.
D. The commissioner shall develop and maintain a directory listing all vapor product
manufacturers and alternative nicotine product manufacturers that have provided
certifications that comply with Subsection A of this Section and all products that are listed
in those certifications.
E. The commissioner shall do all of the following:
(1) Make the directory available for public inspection on its website by November
1, 2023.
(2) Update the directory as necessary in order to correct mistakes and to add or
remove vapor product manufacturers and alternative nicotine product manufacturers or
products manufactured by those manufacturers.
(3) Send monthly notifications to each wholesale dealer, retail dealer, or
manufacturer of vapor products and manufacturer of alternative nicotine products that have
qualified or registered with the commissioner, by electronic communication, containing a list
of all changes that have been made to the directory in the previous month. In lieu of sending
monthly notifications, the commissioner may make the information available in a prominent
place on the office of alcohol and tobacco control's public website.
F. Notwithstanding Subsection A of this Section, if a vapor product manufacturer
or alternative nicotine product manufacturer can demonstrate to the commissioner that the
FDA has issued a rule, guidance, or any other formal statement that temporarily exempts a
vapor product or alternative nicotine product from the federal premarket tobacco application
requirements, the vapor product or alternative product may be added to the directory upon
request by the manufacturer if the manufacturer provides sufficient evidence that the vapor
product or alternative nicotine product is compliant with the federal rule, guidance, or other
formal statement, as applicable.
G. Each certifying vapor product manufacturer or alternative nicotine product
manufacturer shall pay an initial fee of one hundred dollars per product stock keeping unit
or SKU to offset the costs incurred by the commissioner for processing the certifications and
operating the directory. The commissioner shall collect an annual renewal fee of one
hundred dollars per product stock keeping unit or SKU to offset the costs associated with
maintaining the directory and satisfying the requirements of this Section. The fees received
pursuant to this Section by the commissioner shall be used by the office of alcohol and
tobacco control exclusively for processing the certifications and operating and maintaining
the directory.
H. Beginning November 1, 2023, or on the date that the commissioner first makes
the directory available for public inspection on its website as provided in Subsection E of this
Section, whichever is later, a vapor product manufacturer or alternative nicotine product
manufacturer who offers for sale a vapor product or alternative nicotine product not listed
on the directory is subject to a one-thousand-dollar daily fine for each vapor product or
alternative nicotine product offered for sale in violation of this Section until the offending
product is removed from the market or until the offending product is properly listed on the
directory.
I. No wholesale dealer or retail dealer shall be permitted to remit tax with respect to
a vapor product or alternative nicotine product unless the vapor product or alternative
nicotine product is listed on the directory, and the sale, possession, or transportation of the
vapor products or alternative nicotine products by any person, including a permitted
wholesale dealer or retail dealer, shall be subject to the provisions of R.S. 47:858, 859, and
860 as if the wholesale dealer or retail dealer did not possess a valid permit.
J. Any other violation of this Section shall result in a fine of five hundred dollars per
offense.
K. The commissioner shall adopt rules for the implementation and enforcement of
this Section.
Acts 2023, No. 414, §2, eff. July 1, 2023.