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25LSO-0776
2025
STATE OF WYOMING
25LSO-0776
Numbered
2.0
SENATE FILE NO. SF0194
E-cigarette and vapor material manufacturer licenses.
Sponsored by: Senator(s) Crum, Cooper and Landen and Representative(s) Brown, L and Wylie
A BILL
for
AN ACT relating to electronic cigarettes and vapor materials; requiring manufacturers of electronic cigarettes and vapor material to obtain a license; requiring the department of revenue to publish a list of licensed electronic cigarette and vapor material manufacturers; prohibiting the sale of electronic cigarettes and vapor material made by manufactures not included in the list of licensees; prohibiting the sale of nicotine products as specified; requiring biannual inspections of retailers, distributors and wholesalers of electronic cigarettes and vapor material; providing penalties; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 14
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3
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311 and 39
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18
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112 are created to read:
14
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3
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311.
Delivery sales of electronic cigarette and vapor material prohibited.
(a)
No person shall sell, or cause to be sold, to a consumer in this state an electronic cigarette or vapor material by a delivery sale.
(b)
Any person who violates this section is guilty of a misdemeanor punishable in the same manner provided for in W.S. 14
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3
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302(d) and (e).
39
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18
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112.
Certifications by manufacturers of electronic cigarettes or vapor material.
(a)
Each electronic cigarette or vapor material manufacturer who manufactures electronic cigarettes or vapor material sold at retail or to a consumer in this state, whether directly or through a wholesaler, distributor, retailer or similar intermediary or intermediaries, shall file an annual certification as provided in this section as a condition of obtaining or maintaining an electronic cigarette or vapor material manufacturer license.
(b)
A certification filed under this section shall be made on a form and in a manner prescribed by the department and shall include the following:
(i)
The name and address of the applicant or, if the applicant is a firm, partnership, limited liability company or association, the name and address of each of its members or, if the applicant is a corporation, the name and address of each of its officers and the address of its principal place of business;
(ii)
The location of the principal place of business the applicant seeking a license;
(iii)
Either:
(A)
A copy of the Prevent All Cigarette Trafficking (PACT) Act Registration Form (ATF Form 5070.1) as submitted by the applicant to the bureau of alcohol, tobacco, firearms and explosives of the United States department of justice, and an attestation that the applicant is in compliance with, and will continue to comply with, all applicable requirements of 15 U.S.C. §§ 375 and 376; or
(B)
A statement explaining why the PACT Act is not applicable to the applicant and its products.
(iv)
An attestation that the applicant's products fully comply with the requirements of the United States customs and border protection agency, including accurate entry summary forms (CPB Form 7501), and that the applicant is not in violation of 18 U.S.C. §§ 541, 542 or 545, as well as paper or electronic copies of all CBP Form 7501 submitted in the prior six (6) months;
(v)
If the applicant is a nonresident manufacturer of electronic cigarette or vapor material that has not registered to do business in the state of Wyoming as a foreign corporation or business, the name and address of any agent for service of process on the applicant. The agent shall be an individual resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in, this state;
(vi)
Other information as the department may require for the purpose of administering this chapter.
(c)
The licensee shall pay an annual nonrefundable fee of one thousand dollars ($1,000.00).
(d)
Any nonresident or foreign manufacturer of electronic cigarette or vapor material shall file and thereafter maintain a deposit with the state treasurer or a bond issued by a surety company licensed and authorized to do business in Wyoming in the sum of twenty
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five thousand dollars ($25,000.00) and shall run to the state of Wyoming.
A surety on a manufacturer's bond shall be liable up to the amount of the bond, and the state may execute on the surety bond for the payment of fines and penalties imposed on the manufacturer under this section and, where appropriate, for the costs of seizure and destruction of products sold in violation of this section. If the state executes on the surety bond, it shall require the principal to provide an additional bond as a requirement for retaining or maintaining its license.
The failure to maintain a current and complete bond to the satisfaction of the department shall result in the suspension or revocation of the licensee’s license.
(e)
Each licensed electronic cigarette or vapor material manufacturer shall submit to the department every six (6) months an attestation confirming that the information submitted in its prior license application and certification remains accurate or indicating changes, and all copies of CBP Form 7501 submitted in the prior six (6) months.
(f)
Submission of a false certification constitutes an unfair or deceptive practice prohibited by the Wyoming Consumer Protection Act, and the attorney general may seek remedies available under that act. In addition, the department may notify appropriate federal and state agencies of false information submitted on a certification form.
(g)
Beginning July 1, 2025, the department shall maintain and make publicly available on the department's official website a list of all licensed electronic cigarette and vapor material manufacturers.
(h)
Fees collected under the provisions of this section shall be credited to the cigarette taxes administration mitigation account which is hereby created. Funds within the cigarette taxes administration mitigation account are continuously appropriated to the department and shall only be used by the department for the administration and enforcement of this chapter.
Section 2
.
W.S. 14
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3
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301(a) by creating a new paragraph (xii), 39
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18
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101(a) by creating a new paragraph (xii), 39
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18
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106(a) and by creating new subsections (d) and (e) and 39
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18
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108(c)(vii) and by creating a new paragraph (xiii) and a new subsection (f) are amended to read:
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3
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301.
Definitions.
(a)
As used in this article:
(xii)
"Delivery sale" means any sale of a nicotine product to a consumer in this state where either:
(A)
The consumer submits the order for the sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service or by way of the internet or other online service; or
(B)
The nicotine product is delivered by use of the mail or a delivery service, regardless of whether the seller is located within or outside this state.
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18
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101.
Definitions.
(a)
As used in this article:
(xii)
"Electronic cigarette or vapor material manufacturer" means any person who manufactures, fabricates, assembles, processes or labels an electronic cigarette or vapor material for sale in this state.
39
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18
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106.
Licensing; permits.
(a)
Every wholesaler, cigarette importer
, electronic cigarette or vapor material manufacturer
and cigarette manufacturer who sells or offers to sell nicotine products in this state must have a license to do so issued by the department. No license or renewal of a license shall be granted under this section unless the wholesaler states in writing, under penalty for false swearing, that he shall comply fully with W.S. 9
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4
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1201 through 9
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4
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1209. The license fee is ten dollars ($10.00) per year or fraction thereof and is valid through June 30 in each year. The license will be granted only to wholesalers who own or operate the place from which sales are made and additional licenses must be obtained for each separate location. The licenses are transferable pursuant to rules and regulations promulgated by the department.
(d)
No license for an electronic cigarette or vapor material manufacturer shall be granted, maintained or renewed unless the manufacturer satisfies the requirements of W.S. 39
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18
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112.
(e)
Retailers shall purchase cigarettes and nicotine products only from a wholesaler, electronic cigarette or vapor material manufacturer or cigarette importer who is licensed under this chapter.
39
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18
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108.
Enforcement.
(c)
Penalties.
The following shall apply:
(vii)
Any person who does any act prohibited by this article, or omits, neglects or refuses to comply with any duty imposed upon him by this article, or causes not to be done any of the things required by this article, or does any act prohibited by this article, may, in addition to any other penalty provided by this article, be liable for a
first violation
penalty of not to exceed one thousand dollars ($1,000.00) or five (5) times the retail value of the nicotine product at issue, whichever is lesser,
and for a second violation a penalty of one thousand five hundred dollars ($1,500.00),
to be recovered in a civil action
. A third or subsequent violation constitutes an unfair or deceptive practice prohibited by the Wyoming Consumer Protection Act, and the attorney general may seek remedies available under that act, including injunctive relief
;
(xiii)
Any electronic cigarette or vapor material held or offered for retail sale in this state that is manufactured by a person or entity that has not received an electronic cigarette or vapor material manufacturer license as provided by this article is contraband goods and may be seized by the department, with board approval, or any peace officer of this state when so directed by the department.
(f)
Each retailer, distributor and wholesaler that sells or distributes electronic cigarettes and vapor material in this state shall be subject to not less than two (2) unannounced compliance checks annually for purposes of enforcing this section. Unannounced follow
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up compliance checks of all noncompliant retailers, distributors and wholesalers shall be conducted within thirty (30) days after any violation of this chapter. The department shall publish the results of all compliance checks not less than one (1) time each year and shall make the results available to the public on request.
Section 3
.
This act is effective July 1, 2025
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(END)
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SF0194