Wyoming 2025 Regular Session

Wyoming Senate Bill SF0194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-07761SF0194
4	4	SENATE FILE NO. SF0194
5	5	E-cigarette and vapor material manufacturer licenses.
6	6	Sponsored by: Senator(s) Crum, Cooper and Landen and
7	7	Representative(s) Brown, L and Wylie
8	8	A BILL
9	9	for
10	10	1 AN ACT relating to electronic cigarettes and vapor
11	11	2 materials; requiring manufacturers of electronic cigarettes
12	12	3 and vapor material to obtain a license; requiring the
13	13	4 department of revenue to publish a list of licensed
14	14	5 electronic cigarette and vapor material manufacturers;
15	15	6 prohibiting the sale of electronic cigarettes and vapor
16	16	7 material made by manufactures not included in the list of
17	17	8 licensees; prohibiting the sale of nicotine products as
18	18	9 specified; requiring biannual inspections of retailers,
19	19	10 distributors and wholesalers of electronic cigarettes and
20	20	11 vapor material; providing penalties; and providing for an
21	21	12 effective date.
22	22	13
23	23	14
24	24	15 2025STATE OF WYOMING25LSO-07762SF01941W.S. 14-3-311 and 39-18-112 are created to
25	25	2 read:
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30	30	7 (a) No person shall sell, or cause to be sold, to a
31	31	8 consumer in this state an electronic cigarette or vapor
32	32	9 material by a delivery sale.
33	33	10
34	34	11 (b) Any person who violates this section is guilty of
35	35	12 a misdemeanor punishable in the same manner provided for in
36	36	13 W.S. 14-3-302(d) and (e).
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41	41	18 (a) Each electronic cigarette or vapor material
42	42	19 manufacturer who manufactures electronic cigarettes or
43	43	20 vapor material sold at retail or to a consumer in this
44	44	21 state, whether directly or through a wholesaler,
45	45	22 distributor, retailer or similar intermediary or
46	46	23 intermediaries, shall file an annual certification as 2025STATE OF WYOMING25LSO-07763SF0194
47	47	1 provided in this section as a condition of obtaining or
48	48	2 maintaining an electronic cigarette or vapor material
49	49	3 manufacturer license.
50	50	4
51	51	5 (b) A certification filed under this section shall be
52	52	6 made on a form and in a manner prescribed by the department
53	53	7 and shall include the following:
54	54	8
55	55	9 (i) The name and address of the applicant or, if
56	56	10 the applicant is a firm, partnership, limited liability
57	57	11 company or association, the name and address of each of its
58	58	12 members or, if the applicant is a corporation, the name and
59	59	13 address of each of its officers and the address of its
60	60	14 principal place of business;
61	61	15
62	62	16 (ii) The location of the principal place of
63	63	17 business the applicant seeking a license;
64	64	18
65	65	19 (iii) Either:
66	66	20
67	67	21 (A) A copy of the Prevent All Cigarette
68	68	22 Trafficking (PACT) Act Registration Form (ATF Form 5070.1)
69	69	23 as submitted by the applicant to the bureau of alcohol, 2025STATE OF WYOMING25LSO-07764SF0194
70	70	1 tobacco, firearms and explosives of the United States
71	71	2 department of justice, and an attestation that the
72	72	3 applicant is in compliance with, and will continue to
73	73	4 comply with, all applicable requirements of 15 U.S.C. §§
74	74	5 375 and 376; or
75	75	6
76	76	7 (B) A statement explaining why the PACT Act
77	77	8 is not applicable to the applicant and its products.
78	78	9
79	79	10 (iv) An attestation that the applicant's
80	80	11 products fully comply with the requirements of the United
81	81	12 States customs and border protection agency, including
82	82	13 accurate entry summary forms (CPB Form 7501), and that the
83	83	14 applicant is not in violation of 18 U.S.C. §§ 541, 542 or
84	84	15 545, as well as paper or electronic copies of all CBP Form
85	85	16 7501 submitted in the prior six (6) months;
86	86	17
87	87	18 (v) If the applicant is a nonresident
88	88	19 manufacturer of electronic cigarette or vapor material that
89	89	20 has not registered to do business in the state of Wyoming
90	90	21 as a foreign corporation or business, the name and address
91	91	22 of any agent for service of process on the applicant. The
92	92	23 agent shall be an individual resident of this state, a 2025STATE OF WYOMING25LSO-07765SF0194
93	93	1 domestic corporation or a foreign corporation having a
94	94	2 place of business in, and authorized to do business in,
95	95	3 this state;
96	96	4
97	97	5 (vi) Other information as the department may
98	98	6 require for the purpose of administering this chapter.
99	99	7
100	100	8 (c) The licensee shall pay an annual nonrefundable
101	101	9 fee of one thousand dollars ($1,000.00).
102	102	10
103	103	11 (d) Any nonresident or foreign manufacturer of
104	104	12 electronic cigarette or vapor material shall file and
105	105	13 thereafter maintain a deposit with the state treasurer or a
106	106	14 bond issued by a surety company licensed and authorized to
107	107	15 do business in Wyoming in the sum of twenty-five thousand
108	108	16 dollars ($25,000.00) and shall run to the state of Wyoming.
109	109	17 A surety on a manufacturer's bond shall be liable up to the
110	110	18 amount of the bond, and the state may execute on the surety
111	111	19 bond for the payment of fines and penalties imposed on the
112	112	20 manufacturer under this section and, where appropriate, for
113	113	21 the costs of seizure and destruction of products sold in
114	114	22 violation of this section. If the state executes on the
115	115	23 surety bond, it shall require the principal to provide an 2025STATE OF WYOMING25LSO-07766SF0194
116	116	1 additional bond as a requirement for retaining or
117	117	2 maintaining its license. The failure to maintain a current
118	118	3 and complete bond to the satisfaction of the department
119	119	4 shall result in the suspension or revocation of the
120	120	5 licensee’s license.
121	121	6
122	122	7 (e) Each licensed electronic cigarette or vapor
123	123	8 material manufacturer shall submit to the department every
124	124	9 six (6) months an attestation confirming that the
125	125	10 information submitted in its prior license application and
126	126	11 certification remains accurate or indicating changes, and
127	127	12 all copies of CBP Form 7501 submitted in the prior six (6)
128	128	13 months.
129	129	14
130	130	15 (f) Submission of a false certification constitutes
131	131	16 an unfair or deceptive practice prohibited by the Wyoming
132	132	17 Consumer Protection Act, and the attorney general may seek
133	133	18 remedies available under that act. In addition, the
134	134	19 department may notify appropriate federal and state
135	135	20 agencies of false information submitted on a certification
136	136	21 form.
137	137	22 2025STATE OF WYOMING25LSO-07767SF01941 (g) Beginning July 1, 2025, the department shall
138	138	2 maintain and make publicly available on the department's
139	139	3 official website a list of all licensed electronic
140	140	4 cigarette and vapor material manufacturers.
141	141	5
142	142	6 (h) Fees collected under the provisions of this
143	143	7 section shall be credited to the cigarette taxes
144	144	8 administration mitigation account which is hereby created.
145	145	9 Funds within the cigarette taxes administration mitigation
146	146	10 account are continuously appropriated to the department and
147	147	11 shall only be used by the department for the administration
148	148	12 and enforcement of this chapter.
149	149	13
150	150	14. W.S. 14-3-301(a) by creating a new
151	151	15 paragraph (xii), 39-18-101(a) by creating a new paragraph
152	152	16 (xii), 39-18-106(a) and by creating new subsections (d) and
153	153	17 (e) and 39-18-108(c)(vii) and by creating a new paragraph
154	154	18 (xiii) and a new subsection (f) are amended to read:
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157	157	21
158	158	22 (a) As used in this article:
159	159	23 2025STATE OF WYOMING25LSO-07768SF01941
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173	173	15 (a) As used in this article:
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181	181	23 2025STATE OF WYOMING25LSO-07769SF01941 (a) Every wholesaler, cigarette importer, electronic
182	182	2 and cigarette
183	183	3 manufacturer who sells or offers to sell nicotine products
184	184	4 in this state must have a license to do so issued by the
185	185	5 department. No license or renewal of a license shall be
186	186	6 granted under this section unless the wholesaler states in
187	187	7 writing, under penalty for false swearing, that he shall
188	188	8 comply fully with W.S. 9-4-1201 through 9-4-1209. The
189	189	9 license fee is ten dollars ($10.00) per year or fraction
190	190	10 thereof and is valid through June 30 in each year. The
191	191	11 license will be granted only to wholesalers who own or
192	192	12 operate the place from which sales are made and additional
193	193	13 licenses must be obtained for each separate location. The
194	194	14 licenses are transferable pursuant to rules and regulations
195	195	15 promulgated by the department.
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203	203	23 2025STATE OF WYOMING25LSO-077610SF0194
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209	209	6 (c) Penalties. The following shall apply:
210	210	7
211	211	8 (vii) Any person who does any act prohibited by
212	212	9 this article, or omits, neglects or refuses to comply with
213	213	10 any duty imposed upon him by this article, or causes not to
214	214	11 be done any of the things required by this article, or does
215	215	12 any act prohibited by this article, may, in addition to any
216	216	13 other penalty provided by this article, be liable for a
217	217	14 penalty of not to exceed one thousand
218	218	15 dollars ($1,000.00) or five (5) times the retail value of
219	219	16 the nicotine product at issue, whichever is lesser,
220	220	17
221	221	18 to be recovered in a civil action. A
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226	226	23 2025STATE OF WYOMING25LSO-077611SF01941
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246	246	21 2025STATE OF WYOMING25LSO-077612SF01941. This act is effective July 1, 2025.
247	247	2
248	248	3 (END)