2025
STATE OF WYOMING
25LSO-07761SF0194
SENATE FILE NO. SF0194
E-cigarette and vapor material manufacturer licenses.
Sponsored by: Senator(s) Crum, Cooper and Landen and
Representative(s) Brown, L and Wylie
A BILL
for
1 AN ACT relating to electronic cigarettes and vapor
2 materials; requiring manufacturers of electronic cigarettes
3 and vapor material to obtain a license; requiring the
4 department of revenue to publish a list of licensed
5 electronic cigarette and vapor material manufacturers;
6 prohibiting the sale of electronic cigarettes and vapor
7 material made by manufactures not included in the list of
8 licensees; prohibiting the sale of nicotine products as
9 specified; requiring biannual inspections of retailers,
10 distributors and wholesalers of electronic cigarettes and
11 vapor material; providing penalties; and providing for an
12 effective date.
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15 2025STATE OF WYOMING25LSO-07762SF01941W.S. 14-3-311 and 39-18-112 are created to
2 read:
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7 (a) No person shall sell, or cause to be sold, to a
8 consumer in this state an electronic cigarette or vapor
9 material by a delivery sale.
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11 (b) Any person who violates this section is guilty of
12 a misdemeanor punishable in the same manner provided for in
13 W.S. 14-3-302(d) and (e).
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18 (a) Each electronic cigarette or vapor material
19 manufacturer who manufactures electronic cigarettes or
20 vapor material sold at retail or to a consumer in this
21 state, whether directly or through a wholesaler,
22 distributor, retailer or similar intermediary or
23 intermediaries, shall file an annual certification as 2025STATE OF WYOMING25LSO-07763SF0194
1 provided in this section as a condition of obtaining or
2 maintaining an electronic cigarette or vapor material
3 manufacturer license.
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5 (b) A certification filed under this section shall be
6 made on a form and in a manner prescribed by the department
7 and shall include the following:
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9 (i) The name and address of the applicant or, if
10 the applicant is a firm, partnership, limited liability
11 company or association, the name and address of each of its
12 members or, if the applicant is a corporation, the name and
13 address of each of its officers and the address of its
14 principal place of business;
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16 (ii) The location of the principal place of
17 business the applicant seeking a license;
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19 (iii) Either:
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21 (A) A copy of the Prevent All Cigarette
22 Trafficking (PACT) Act Registration Form (ATF Form 5070.1)
23 as submitted by the applicant to the bureau of alcohol, 2025STATE OF WYOMING25LSO-07764SF0194
1 tobacco, firearms and explosives of the United States
2 department of justice, and an attestation that the
3 applicant is in compliance with, and will continue to
4 comply with, all applicable requirements of 15 U.S.C. §§
5 375 and 376; or
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7 (B) A statement explaining why the PACT Act
8 is not applicable to the applicant and its products.
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10 (iv) An attestation that the applicant's
11 products fully comply with the requirements of the United
12 States customs and border protection agency, including
13 accurate entry summary forms (CPB Form 7501), and that the
14 applicant is not in violation of 18 U.S.C. §§ 541, 542 or
15 545, as well as paper or electronic copies of all CBP Form
16 7501 submitted in the prior six (6) months;
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18 (v) If the applicant is a nonresident
19 manufacturer of electronic cigarette or vapor material that
20 has not registered to do business in the state of Wyoming
21 as a foreign corporation or business, the name and address
22 of any agent for service of process on the applicant. The
23 agent shall be an individual resident of this state, a 2025STATE OF WYOMING25LSO-07765SF0194
1 domestic corporation or a foreign corporation having a
2 place of business in, and authorized to do business in,
3 this state;
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5 (vi) Other information as the department may
6 require for the purpose of administering this chapter.
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8 (c) The licensee shall pay an annual nonrefundable
9 fee of one thousand dollars ($1,000.00).
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11 (d) Any nonresident or foreign manufacturer of
12 electronic cigarette or vapor material shall file and
13 thereafter maintain a deposit with the state treasurer or a
14 bond issued by a surety company licensed and authorized to
15 do business in Wyoming in the sum of twenty-five thousand
16 dollars ($25,000.00) and shall run to the state of Wyoming.
17 A surety on a manufacturer's bond shall be liable up to the
18 amount of the bond, and the state may execute on the surety
19 bond for the payment of fines and penalties imposed on the
20 manufacturer under this section and, where appropriate, for
21 the costs of seizure and destruction of products sold in
22 violation of this section. If the state executes on the
23 surety bond, it shall require the principal to provide an 2025STATE OF WYOMING25LSO-07766SF0194
1 additional bond as a requirement for retaining or
2 maintaining its license. The failure to maintain a current
3 and complete bond to the satisfaction of the department
4 shall result in the suspension or revocation of the
5 licensee’s license.
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7 (e) Each licensed electronic cigarette or vapor
8 material manufacturer shall submit to the department every
9 six (6) months an attestation confirming that the
10 information submitted in its prior license application and
11 certification remains accurate or indicating changes, and
12 all copies of CBP Form 7501 submitted in the prior six (6)
13 months.
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15 (f) Submission of a false certification constitutes
16 an unfair or deceptive practice prohibited by the Wyoming
17 Consumer Protection Act, and the attorney general may seek
18 remedies available under that act. In addition, the
19 department may notify appropriate federal and state
20 agencies of false information submitted on a certification
21 form.
22 2025STATE OF WYOMING25LSO-07767SF01941 (g) Beginning July 1, 2025, the department shall
2 maintain and make publicly available on the department's
3 official website a list of all licensed electronic
4 cigarette and vapor material manufacturers.
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6 (h) Fees collected under the provisions of this
7 section shall be credited to the cigarette taxes
8 administration mitigation account which is hereby created.
9 Funds within the cigarette taxes administration mitigation
10 account are continuously appropriated to the department and
11 shall only be used by the department for the administration
12 and enforcement of this chapter.
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14. W.S. 14-3-301(a) by creating a new
15 paragraph (xii), 39-18-101(a) by creating a new paragraph
16 (xii), 39-18-106(a) and by creating new subsections (d) and
17 (e) and 39-18-108(c)(vii) and by creating a new paragraph
18 (xiii) and a new subsection (f) are amended to read:
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22 (a) As used in this article:
23 2025STATE OF WYOMING25LSO-07768SF01941
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15 (a) As used in this article:
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23 2025STATE OF WYOMING25LSO-07769SF01941 (a) Every wholesaler, cigarette importer, electronic
2 and cigarette
3 manufacturer who sells or offers to sell nicotine products
4 in this state must have a license to do so issued by the
5 department. No license or renewal of a license shall be
6 granted under this section unless the wholesaler states in
7 writing, under penalty for false swearing, that he shall
8 comply fully with W.S. 9-4-1201 through 9-4-1209. The
9 license fee is ten dollars ($10.00) per year or fraction
10 thereof and is valid through June 30 in each year. The
11 license will be granted only to wholesalers who own or
12 operate the place from which sales are made and additional
13 licenses must be obtained for each separate location. The
14 licenses are transferable pursuant to rules and regulations
15 promulgated by the department.
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23 2025STATE OF WYOMING25LSO-077610SF0194
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6 (c) Penalties. The following shall apply:
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8 (vii) Any person who does any act prohibited by
9 this article, or omits, neglects or refuses to comply with
10 any duty imposed upon him by this article, or causes not to
11 be done any of the things required by this article, or does
12 any act prohibited by this article, may, in addition to any
13 other penalty provided by this article, be liable for a
14 penalty of not to exceed one thousand
15 dollars ($1,000.00) or five (5) times the retail value of
16 the nicotine product at issue, whichever is lesser,
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18 to be recovered in a civil action. A
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23 2025STATE OF WYOMING25LSO-077611SF01941
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21 2025STATE OF WYOMING25LSO-077612SF01941. This act is effective July 1, 2025.
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3 (END)