Indiana House Bill 1432

Status
Not open for further replies.

CoilKisser

Full Member
Jun 21, 2016
12
4
35
This is from my blog on the CoilKisser website

Indiana House Bill 1432
Would you believe it all the way back in 2015 we had local and state governments actively trying to ban the use of vaping products. Okay so this bill isn't a "ban" on vaping, but it heavily limits the ability of a e-Liquid manufacturing and sale in the state of Indiana. In 2015 the Indiana General Assembly met to put Bill 1432 to a vote. Surprise, they were in favor of the bill.

What does this bill entail?

Alright so from the Indiana General Assembly site you will find this. No i don't expect you to read all of this that why I'm doing a blog post about it. However, i still feel the need to provide it to you.

Regulation of e-liquids. Defines "e-liquid" as a substance that is intended to be vaporized and inhaled using a vapor pen. Requires a manufacturer of e-liquid to obtain a permit from the alcohol and tobacco commission before bottling e-liquid or selling e-liquid to retailers or distributors. Provides that the initial application for a manufacturing permit must include: (1) plans for the applicant's manufacturing facility; (2) a service agreement between the applicant and a security firm requiring the security firm to certify that the manufacturer meets certain security requirements; and (3) an application fee of $1,000. Provides that a manufacturer's permit is valid for five years and establishes requirements for permit renewal, including a $500 permit renewal application fee. Establishes requirements for e-liquid retailers, distributors, and manufacturers. Limits the ingredients that can be used in making e-liquids. Provides for the suspension or revocation of a manufacturer's permit and the assessment of a civil penalty against a manufacturer for a violation of the law. Provides that a retailer who knowingly: (1) sells e-liquid to a minor; (2) sells e-liquid purchased from a manufacturer that does not have a permit; or (3) sells e-liquid that has been altered or tampered with; commits a Class C infraction. Makes other unauthorized actions involving e-liquid a Class A infraction. Authorizes a permit holder to bring a civil action against an e-liquid producer that distributes e-liquid not approved for sale in Indiana

So that's their breakdown on the HB1432. What is says in short is that e-Liquid manufacturers must have a security firm that will verify that the product meets certain standards, there is a $1,000.00 application fee paid to the Alcohol and Tobacco Commission (ATC) to even produce e-Liquid in or ship to Indiana, and that you have to have the facility under constant off site video monitoring. There is a bit more in this but those are the basics that I have gathered from my reading of the bill. I wish I could go into all of the information in the whole 16 Page document, but then I would be writing a book. I don't want to write books I'm a computer nerd not a author.

Now I'm not trying to fear monger here so please keep that in mind as I break this down for you the best that I can.

The state of Indiana has a very obvious agenda as far as I can see. The reason I called it a ban is simple. You have to get your flavor bases, nicotine, VG, and PG from companies that hold a valid permit for manufacturing e-Liquid with the state of Indiana. If your product has even one ingredient that does not hold a valid permit then you are effectively in violation of the regulations that the ATC has put in place. Which could be as high as $10,000.00 in fines as well as the potential to have your permit suspended or revoked.

To quote Jigsaw "do you want to play a game"? Say Indiana wanted to ban all vapor products in their state and continue to have the only option for nicotine be cigarettes then they could in one fell swoop. All that the ATC would need to do is deny any permit from outside of the state of Indiana.

Coil Kissers we live in an age where there is little to no chance for us to fight these guys, and at the same time our only choice right now is to fight and make out voices known. This one is a tough spot and I don't want to sound like the debby downer. The reason I say there is little to no chance is because as far as I understand the states can make their own regulations to things like vaping and while it may be legal under federal law as far as you follow xyz rule. The states can make their own rules as long as they don't conflict with federal law. Example being marijuana, Federal law considers it against the law due to its schedule 1 Classification. Moreover, there are some states that consider it legal for medicinal or even recreational use, but in that same breath the DEA can come into the state and raid the shops and facilities that those products are in because it conflicts with Federal ruling. That's just an example and please tell me in the comments below if i'm not understanding anything in this blog post.

If i'm wrong and you're able to provide me with reliable information that proves i'm misunderstanding then I will be happy to correct it. I will need to be able to provide sources so please have it be something that is verifiable not just your cousin is a lawyer. I want to provide facts not hearsay.

This was just a basic rundown on the point that I thought were interesting. This is not intended to be viewed as the be all end all of this legislation. I encourage you to go out and find the facts and not just take my word for it. Please go to the links below for the actual documents from the state of Indiana's website. This is where I did my reading and I think it's the best place to get your information from if you can decipher it. Also below is the Forbes article that brought my attention to this legislation.

Be good Coil Kissers



References:
Bill: https://iga.in.gov/legislative/2015/bills/house/1432#document-c499cd7f
Fiscal Note: https://iga.in.gov/legislative/2015/bills/house/1432#document-c499cd7f
Forbes Article: The Mistake The Nobel Laureates Make About Brexit


Sent from my iPhone using Tapatalk
 

CoilKisser

Full Member
Jun 21, 2016
12
4
35
I was once a Hoosier. I am totally appalled by what is going on in Indiana.

These are tactics I expect from my home state of Illinois. Thankfully the lawyers associated with r2bsmokefree are actively pursuing action and we should hear from the judge in the case of these laws. I hope I'm not mixing up one state with another on that.


Sent from my iPhone using Tapatalk
 

crxess

Grumpy Ole Man
ECF Veteran
Verified Member
Sep 20, 2012
24,438
46,123
70
Williamsport Md
These are tactics I expect from my home state of Illinois. Thankfully the lawyers associated with r2bsmokefree are actively pursuing action and we should hear from the judge in the case of these laws. I hope I'm not mixing up one state with another on that.


Sent from my iPhone using Tapatalk

Yes, Indiana Law is in the Courts now.......hopefully it will get struck down as Obstructive to economic growth or SOMETHING :glare:
I personally feel this Law warrants Criminal Investigation.:ohmy:
 

CoilKisser

Full Member
Jun 21, 2016
12
4
35
If my articles/blogs/logs are welcome here please let me know. I have a family, home to care for, and something of a job so I can't promise consistent content. What I can promise is that I will be diligent in providing the evidence that is there, and always making it know when I give my opinion as to not leave room for hearsay. Also if you would be kind enough to look at my website I would appreciate it greatly.


Sent from my iPhone using Tapatalk
 

Two_Bears

Vaping Master
ECF Veteran
Verified Member
Jul 4, 2015
7,045
16,673
Northern Arizona
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

Mazinny

Vaping Master
ECF Veteran
Verified Member
Jul 25, 2013
4,263
22,713
NY
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

Two_Bears

Vaping Master
ECF Veteran
Verified Member
Jul 4, 2015
7,045
16,673
Northern Arizona
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

Mazinny

Vaping Master
ECF Veteran
Verified Member
Jul 25, 2013
4,263
22,713
NY
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

crxess

Grumpy Ole Man
ECF Veteran
Verified Member
Sep 20, 2012
24,438
46,123
70
Williamsport Md
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

CoilKisser

Full Member
Jun 21, 2016
12
4
35
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

Two_Bears

Vaping Master
ECF Veteran
Verified Member
Jul 4, 2015
7,045
16,673
Northern Arizona
  • Deleted by retired1
  • Reason: Off topic and not germane to the discussion

ScandaLeX

ECF Guru
ECF Veteran
Verified Member
Aug 6, 2013
12,893
58,154
PhiLLy
I myself personally believe that there should be charged put against reps that find favor in these laws. Sadly it's about money.

I'm avoiding writing a log about the tactics used in Illinois to raise the vaping and smoking age. Nothing like making a back room deal in a glass room with that one.


Sent from my iPhone using Tapatalk
It's been about the money for a long time....even now with what the FDA is doing- it's about the money.
 
Status
Not open for further replies.

Users who are viewing this thread