Section 7.1-7-4-6 - "Tamper evident package"; manufacturing facility requirements(a) As used in this section: (1) "adulterated" means a product that: (A) consists in whole or in part of any filthy, putrid, or decomposed substance; or(B) is contaminated by any added poisonous or added deleterious substance that may render the product injurious to health; and(2) "tamper evident package" means a package having at least one (1) indicator or barrier to entry that, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred.(b) A manufacturing facility shall comply with the following requirements:(1) An e-liquid container must use a child proof cap that has the child resistant effectiveness set forth in the federal poison prevention packaging standards, 16 CFR 1700.15(b)(1).(2) An e-liquid container must use a tamper evident package. The tamper evident package feature must be designed to and remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of the e-liquid container.(3) The label on an e-liquid container must meet the nicotine addictiveness warning statement requirements set forth in 21 CFR 1143.3.(4) The manufacturer or retailer may not add an adulterated product to any e-liquid produced for sale in Indiana.(5) The manufacturer must submit to random site visits by the commission.(6) The manufacturer may:(A) own and control both the e-liquid manufacturing process and the bottling process; or(B) subcontract with another manufacturer for the performance of the e-liquid manufacturing service, the bottling services, or both services. However, both the manufacturer performing a service under clause (B) and the manufacturer for which the service is performed must meet the requirements of this article.
(7) A manufacturer may use a flavoring, as defined by IC 7.1-7-2-12, as an ingredient in an e-liquid.(8) The manufacturer or any person listed on the permit application may not have been convicted within ten (10) years before the date of application of:(A) a federal crime having a sentence of at least one (1) year;(B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014);(C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014);(D) an Indiana Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or(E) a crime in a state other than Indiana similar to a Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014).Amended by P.L. 17-2019,SEC. 1, eff. 7/1/2019.Amended by P.L. 206-2017,SEC. 26, eff. 4/27/2017.Amended by P.L. 231-2015, SEC. 10, eff. 7/1/2015.Added by P.L. 176-2015, SEC. 9, eff. 7/1/2015.