DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 621 Engrossed 2024 Regular Session Stagni
Abstract: Provides relative to the sale of e-liquid and vapor products, and creates the vapor product
and alternative nicotine product directory.
Present law provides that no vapor retail dealer shall purchase alternative nicotine products, vapor
products, or electronic cigarette products for resale except from a wholesale dealer operating with
a valid unsuspended La. wholesale dealer permit and a valid stamping agent designation permit.
Proposed law provides for the creation of a vapor product and alternative product directory.
Proposed law provides that 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.
Proposed law provides that every manufacturer shall execute and deliver a certification detailing
certain information to the commissioner.
Proposed law provides that each manufacturer shall provide a copy of the cover page of the
premarket tobacco application with evidence of receipt of the application by the U.S. Food and Drug
Administration (FDA) or a copy of the cover page of the marketing order or other authorization
issued pursuant federal law.
Proposed law provides that any manufacturer submitting a certification shall notify the commissioner
within 30 days of any material change to the certification.
Proposed law requires the commissioner to develop and maintain a directory listing all vapor product
manufacturers and alternative nicotine product manufacturers that have provided certifications that
comply with proposed law.
Proposed law requires the commission to do all of the following:
(1)Make the directory available for public inspection on the office of alcohol and tobacco
control's public website.
(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.
Proposed law provides a procedure for a manufacturer to add a vapor product or alternative nicotine
product to the directory upon request by the manufacturer.
Proposed law requires each certifying vapor product manufacturer or alternative nicotine product
manufacturer to pay an initial fee of $100 per product stock keeping unit or SKU to offset the costs
incurred by the commissioner for processing the certifications and operating the directory.
Proposed law provides that the commissioner shall collect an annual renewal fee of $100 per product
stock keeping unit or SKU to offset the costs associated with maintaining the directory and satisfying
the requirements of proposed law.
Proposed law beginning on the date that the commissioner makes the directory available for public
inspection on its website, 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 $1000 daily fine for each vapor product or alternative nicotine product offered for sale
in violation proposed law.
Proposed law provides that the sale, possession, or transportation of vapor products or alternative
nicotine products not listed on the directory by any person, including a permitted wholesale dealer
or retail dealer, shall be subject to provisions of present law (R.S. 47:858, 859, and 860) as if such
wholesale dealer or retail dealer did not possess a valid permit.
Proposed law provides that each unit of vapor product or alternative nicotine product sold or offered
for sale, possessed, or transported shall constitute a separate violation for purposes of proposed law.
Proposed law provides that any other violation of proposed law shall result in a fine of $500 per
offense.
Proposed law requires the commissioner to adopt rules for the implementation and enforcement of
proposed law.
Proposed law repeals present law (R.S. 26:926) in order to reenact and redesignate existing law.
Effective upon signature of governor or lack of time for gubernatorial action.
(Amends R.S. 26:911(B)(1)(b); Adds R.S. 26:926.1; Repeals R.S. 26:926)