If enacted, SF0107 will amend state taxation and revenue laws, thereby placing stringent requirements on manufacturers and sellers of e-cigarettes and vapor products. Retailers and wholesalers will be required to maintain detailed records of their transactions for three years, which will be subject to department audits. Furthermore, failure to comply with the directory's requirements can result in fines and potential revocation of licenses, significantly impacting the operational landscape for businesses involved in the sale of these products.
Summary
Senate File 0107 (SF0107) proposes the establishment of a directory for electronic cigarettes and vapor materials in Wyoming, mandating that manufacturers file annual certifications regarding their products. This certification must include marketing authorization from the FDA or evidence of previous market presence. The bill aims to regulate the sale of e-cigarettes and vapor products by prohibiting the sale of items not listed in the directory, effectively reinforcing product safety compliance and traceability within the state.
Sentiment
The sentiment surrounding SF0107 appears to be mixed. Proponents support the bill as a necessary step to ensure public health and safety, arguing that regulation is imperative given the rising concerns associated with vaping products. Conversely, some critics view the bill as overly burdensome for manufacturers and retailers, potentially limiting access to legitimate products while pushing consumers towards unregulated options, thus compromising safety.
Contention
Notable points of contention include the concerns related to regulatory overreach and the impact on local businesses. Opponents of the bill have voiced worries about the potential negative economic consequences for small retailers who may struggle to comply with the new certification and directory requirements. Additionally, there is fear that stringent regulations may inadvertently foster a black market for e-cigarettes, subsequently increasing health risks for consumers.
Requiring a manufacturer of electronic cigarettes to certify annually under penalty of perjury that the manufacturer has received marketing authorization from the United States food and drug administration for the electronic cigarettes, establishing annual fees, requiring the department of revenue to maintain a website directory containing a list of all electronic cigarette manufacturers and certified electronic cigarettes and establishing civil and criminal penalties for violations.
In tobacco products tax, further providing for definitions, for incidence and rate of tax, for licensing of wholesalers and for licensing of retailers and providing for electronic nicotine delivery system directory.
Increases the rate of the excise tax on vapor products and electronic cigarettes and dedicates a portion of the avails of such increase to payment of salaries and related benefits for La. State Police (EN -$5,000,000 GF RV See Note)