La. Admin. Code tit. 55 § VII-3123

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-3123 - [Effective until 3/27/2024] V.A.P.E. ("Vapor and Alternative Nicotine Products and Electronic Cigarettes) Certification and Directory

A. Initial Certification and Renewal Applications. Beginning October 1, 2023, every vapor product manufacturer and ANP manufacturer whose products are sold in Louisiana, whether directly or through a wholesale dealer, retail dealer, or similar intermediary or intermediaries, must submit to the agency a certification form for each product per SKU and certify under penalty of perjury the products meets one of the requirements provided by R.S. 26:926 A.

1. Initial Certification Fee. The initial fee for certification shall be $100 per product SKU. Each manufacturer must submit to the ATC a completed certification form as provided by the agency or submit certification form electronically through the agency's online portal with applicable fees and supporting documentation. Failure to submit the required fees and/or supporting documents will result in denial of certification application.

a. Each product SKU certification will expire or become inactive annually on October 31.

2. Annual Renewal Certification Fee. To remain active on the V.A.P.E directory, all SKU(s) must be recertified annually at a cost of $100 per product SKU.

a. Each SKU shall be required to be recertified annually by the ANP or vapor product manufacturer on or before November 1 of each year. Recertification period will be available beginning September 1 through October 31 of each year and must be submitted electronically through the agency's online portal permitting system, unless a different method to renew is otherwise provided by commissioner. The annual renewal application and fees must be received by the agency during the renewal period to be considered timely.

3. Expiration of Certification. If the manufacturer's certification expires, the manufacturer must remit a new initial certification application with supporting documents and fees and any associated penalty, if applicable, to be recertified for consideration that eligible products be added to the V.A.P.E directory.

B. V.A.P.E Directory. Pursuant to R.S. 26:926(A), beginning November 1, 2023, and on the 1st of each month thereafter, the agency will post to its website a directory of listing a certified manufacturer of vapor products, ANP, or electronic cigarettes along with a listing of the certified and approved products for sale in Louisiana.

1. Only products published on the V.A.P.E. directory may be offered for sale in Louisiana by any wholesaler or retailers. All other products are subject to penalties as provided by law.

C. Penalties and Fines

1. Manufacturer Penalty. $1000 fine per day for each vapor product or ANP offered for sale by the manufacturer that is not listed on the V.A.P.E. directory until the offending product is removed from the market or until the offending product is properly listed on the directory.

a. Manufacturers offering sale of products online is required to post language restricting sale of any item not listed on the VAPE directory and restrict the completion of any sale of uncertified products intended to be delivered into Louisiana.

2. Manufacturer Failure to Timely Notify Commissioner of Material Change. Pursuant to R.S. 26:926(C), any manufacturer submitting a certification shall notify the commissioner in writing within 30 days of any material change to the certification as provided by law. Failure to notify the commissioner timely will result in removal of product from the V.A.P.E directory and such failure may be subject to penalty as prescribed by R.S. 26:926(J).

3. Retailer or Wholesaler Penalty. Wholesalers and retailers are required to cease the sale or offer for sale of any products not listed on the V.A.P.E directory posted on the agency's website on the 1st of each month. All wholesalers and retailers are responsible to review the directory published on the agency's website and take the necessary actions to remove and cease the sale of any product not listed on the directory.

a. Each SKU per product sold or offered for sale including displayed for sale, or possession of each product not listed on the V.A.P.E directory on or within the retail or wholesale space located in Louisiana is subject to the provisions of R.S. 47:858, 47:859 and R.S. 47:860 and constitute a separate violation per SKU per product in violation of R.S. 26:909(A)(5).

b. All ANP or vapor products not listed on the V.A.P.E directory are required to be remove from the licensed premises by the 5th of each month or such possession of each unapproved product per SKU subject to the provisions of R.S. 47:858, 47:859 and R.S. 47:860 and constitute a separate violation per SKU per product in violation of R.S. 26:909(A)(5).

La. Admin. Code tit. 55, § VII-3123

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 31:2036 (August 2005), amended LR 40:1115 (June 2014), amended by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 49, 9/29/2023, exp. 3/27/2024 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:953(B), R.S. 26:922 and R.S. 26:926.