Current through Register Vol. 50, No. 9, September 20, 2024
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).
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
49:953(B),
R.S.
26:922 and
R.S.
26:926.
