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26LSO-0421
2026
STATE OF WYOMING
26LSO-0421
Numbered
2.0
HOUSE BILL NO. HB0132
Nicotine products manufacturer licensing and reporting.
Sponsored by: Representative(s) Davis, Clouston, Connolly and Lawley and Senator(s) Jones and Schuler
A BILL
for
AN ACT relating to nicotine products; requiring manufacturers of nicotine products to obtain a license; requiring manufacturers of electronic cigarettes and vapor material to file certifications as specified; placing restrictions on the sale and advertising of electronic cigarettes and vapor material; requiring the department of revenue to publish a directory of electronic cigarettes and vapor material offered for sale in Wyoming by licensed nicotine product manufacturers; prohibiting the sale of nicotine products not included in the directory; requiring biannual inspections of retailers, distributors and wholesalers of electronic cigarettes and vapor material; providing penalties; providing definitions; providing rulemaking; making conforming amendments; 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 through 39
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18
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115 are created to read:
14
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3
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311.
Advertising and design restrictions; vapor products.
(a)
No person shall market, advertise, sell or cause to be sold an electronic cigarette or vapor material if the electronic cigarette or vapor material's container, packaging or advertising:
(i)
Depicts a cartoon
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like fictional character that is primarily aimed at entertaining or enticing minors;
(ii)
Imitates or mimics trademarks or images of products that are typically marketed to minors;
(iii)
Includes a symbol that is primarily used to market products to minors; or
(iv)
Includes an image of a celebrity in a manner that entices minors to purchase the product.
(b)
No person shall market, advertise, sell or cause to be sold an electronic cigarette or vapor material that has entertainment features, such as the ability to play games, play music or other audio, display photographs or video or any similar electronic entertainment features.
(c)
Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor punishable by a fine or not more than seven hundred fifty dollars ($750.00) for a first violation, and by a fine of not more than one thousand five hundred dollars ($1,500.00) for each subsequent violation. Each sale of an electronic cigarette or vapor material that violates subsection (a) or (b) of this section shall constitute a separate offense under this subsection.
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18
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112.
Certification by manufacturers of electronic cigarettes or vapor material.
(a)
Each nicotine product manufacturer that 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, shall file a certification as required by this section as a condition precedent to obtaining a nicotine products manufacturer license under W.S. 39
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16
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106. The manufacturer shall not be issued a nicotine product manufacturer license and shall not sell its electronic cigarettes or vapor material in this state unless the certification is filed as required by this section.
(b)
A certification filed under this section shall be made on a form and in a manner prescribed by the department. The certification shall include all of the following:
(i)
The name and address of the applicant, the name and address of each of its members if the applicant is a firm, partnership, limited liability company or association or the name and address of each of its officers and the address of its principal place of business if the applicant is a corporation;
(ii)
The location of the applicant's principal place of business if different from the address required by paragraph (i) of this subsection. If the applicant has multiple establishments, the applicant shall provide a list of all establishments operated by the applicant;
(iii)
A copy of the federal Prevent All Cigarette Trafficking Act registration form as submitted by the applicant to the bureau of alcohol, tobacco, firearms and explosives within 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 a statement explaining why the federal Prevent All Cigarette Trafficking Act is not applicable to the applicant and its products;
(iv)
An attestation that the applicant will comply with all applicable laws of Wyoming and of the county and municipality of the applicant's principal place of business;
(v)
A list of each type or model of electronic cigarette and vapor material that the applicant sells in this state, including each product name, product category, nicotine content and total volume of the product;
(vi)
An attestation that the electronic cigarettes and vapor material the applicant is selling within the state, as well as all components or parts of the products, were manufactured within the United States or imported, regardless of whether the importation was accomplished by the manufacturer or another entity. The applicant shall also obtain and submit copies of:
(A)
All customs and border patrol entry forms submitted in the six (6) months immediately preceding the date of the application for each import entry of the products or any components or parts of the products;
(B)
If requested by the department, commercial invoices, cargo release results reports, bills of lading and any other relevant document deemed necessary by the department.
(vii)
For an applicant with a principal place of business outside the United States, a declaration and notarized statement from each of the applicant's importers that import electronic cigarettes and vapor material into Wyoming that each importer accepts joint and several liability with the applicant for all liability imposed pursuant to this chapter, including any fees, costs, attorney's fees and penalties. An importer who provides a declaration and notarized statement under this paragraph shall be provided the opportunity to consult with counsel before providing the declaration and statement;
(viii)
A list of any warning letters issued by the United States food and drug administration during the five (5) calendar years immediately preceding the date of application that identified any electronic cigarette or vapor material manufactured by the applicant as being adulterated or misbranded under state or federal law and a description of how and when each warning letter was resolved;
(ix)
Records reflecting the youth access prevention policies the applicant has implemented with respect to distributors and retailers that sell its electronic cigarettes and vapor material in the state; and
(x)
Any other information the department requires for the purpose of administering this chapter or any other applicable law.
(c)
The applicant shall pay a one (1) time nonrefundable fee of one hundred dollars ($100.00) for each type or model of electronic cigarette and vapor material the first time it is included in the list of products required by paragraph (b)(v) of this section.
(d)
A nicotine product manufacturer shall not cause to be sold at retail or to be consumed in this state any electronic cigarette or vapor material not included in the product list provided pursuant to paragraph (b)(v) of this section.
(e)
Each nicotine product manufacturer that obtains a license under this chapter shall submit to the department:
(i)
Notice of any changes to its product list required under paragraph (b)(v) of this section not later than thirty (30) days after making the changes;
(ii)
Not less than one (1) time every six (6) months:
(A)
Confirmation that the information submitted in its license application remains accurate; and
(B)
All customs and border protection entry forms submitted in the previous six (6) months.
(f)
Submission of a false certification under this section constitutes a deceptive, misleading or unfair business practice prohibited by the Wyoming Consumer Protection Act and the attorney general may seek any remedy available under that act.
(g)
The department may notify appropriate federal and state agencies regarding false information submitted on a certification form.
(h)
A nicotine product manufacturer shall not be certified under this section unless the manufacturer also complies with the requirements of W.S. 39
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18
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113 through 39
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18
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115.
(j)
Fees collected pursuant to this section are continuously appropriated to the department to be expended on the administration of this act.
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18
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113.
Agent for service of process.
(a)
Any nonresident manufacturer of electronic cigarettes or vapor material that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to receiving a license under W.S. 39
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18
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106 and in addition to any requirements under the Wyoming Business Corporation Act, appoint and continually engage the services of an agent in this state to act as agent for the service of process for legal actions concerning or arising out of the enforcement of this chapter and who may be served in any manner authorized by law. Service to an agent appointed under this subsection shall constitute legal and valid service of process on the manufacturer. The manufacturer shall provide the agent's name, address, telephone number and proof of the appointment and availability to the department and the secretary of state.
(b)
The manufacturer shall provide notice to the department not less than thirty (30) calendar days before the termination of the authority of an agent. The manufacturer shall also provide proof to the department of the appointment of a new agent not less than five (5) calendar days before the termination of an existing agent appointment.
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18
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114.
Bond requirement; nonresident or foreign manufacturers.
(a)
Any nonresident or foreign manufacturer of electronic cigarettes or vapor material that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition of receiving a license under W.S. 39
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18
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106, submit to the department a surety bond or other cash security payable to the state in the amount of twenty
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five thousand dollars ($25,000.00). The bond or cash security shall be posted by a corporate surety located within the United States.
(b)
The bond required by subsection (a) of this section shall be conditioned on the manufacturer's performance of all requirements and obligations imposed by this chapter. A corporate surety on a manufacturer's bond shall be liable up to the amount of the bond, and the department may execute the surety bond, for the payment of fines and penalties imposed on the manufacturer under this chapter and for the cost of seizure and destruction of products sold in violation of this chapter. If the department executes on the surety bond, it may require the manufacturer to provide an additional bond as a condition of retaining the manufacturer or its products in the directory created by W.S. 39
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18
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115.
(c)
A corporate surety shall be released and discharged from liability to the state sixty (60) days from the date after the corporate surety lodges a written request to be released and discharged from its duties with the department. This provision shall not apply to relieve, release or discharge the corporate surety from liability already accrued or that shall accrue before the expiration of the sixty (60) day period. The department shall, upon receiving a request under this subsection, notify the manufacturer who furnished the bond. Unless the manufacturer files a new bond and a new corporate surety with the department before the sixty (60) day period has expired, the department shall cancel the manufacturer's nicotine product manufacturer license.
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18
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115.
Directory of electronic cigarette or vapor material.
(a)
Beginning on October 1, 2026, the department shall maintain and make publicly available on the department's official website a directory that lists all electronic cigarettes and vapor material included in the product lists submitted by licensed nicotine product manufacturers pursuant to W.S. 39
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18
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112.
(b)
Beginning on January 1, 2027, electronic cigarettes and vapor material not included in the directory shall not be sold for retail sale or to a consumer in this state, either directly or through an importer, distributor, wholesaler, retailer or similar intermediary.
(c)
Any person who sells an electronic cigarette or vapor material in violation of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00) for a first violation, and by a fine of not more than one thousand five hundred dollars ($1,500.00) for each subsequent violation. Each sale of an electronic cigarette or vapor material in violation of this section shall constitute a separate offense under this subsection.
(d)
A second or subsequent violation of this section shall constitute a deceptive, misleading or unfair trade practice prohibited by the Wyoming Consumer Protection Act and the attorney general may seek any remedy available under that act. Each sale of an electronic cigarette or vapor material shall constitute a separate offense under this subsection.
Section 2.
W.S. 39
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18
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101(a)(v)(D) and by creating a new paragraph (xii), 39
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18
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106(a) and by creating new subsections (d) through (g) and 39
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18
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108(c) by creating a new paragraph (xiii) and by creating a new subsection (f) are amended to read:
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101.
Definitions.
(a)
As used in this
article
chapter
:
(v)
"Wholesaler" means any person who:
(D)
Sells or distributes for sale or resale cigarettes
or nicotine products
over the internet or through any other means of direct or indirect mail solicitation or delivery to any person in this state.
(xii)
"Nicotine product manufacturer" means any person who manufactures, fabricates, assembles, processes or labels a finished nicotine product for sale in this state. "Nicotine product manufacturer" shall not include a cigarette manufacturer.
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18
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106.
Licensing; permits.
(a)
Every wholesaler, cigarette importer
, nicotine manufacturer
and cigarette manufacturer who sells or offers to sell nicotine products in this state
must
shall
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 a nicotine product manufacturer who manufactures electronic cigarettes or vapor material 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 through 39
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18
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115.
(e)
Retailers shall purchase cigarettes and nicotine products only from a wholesaler, nicotine product manufacturer or cigarette importer who is licensed under this chapter.
(f)
Wholesalers and cigarette importers shall purchase cigarettes and nicotine products only from a wholesaler or cigarette manufacturer who is licensed under this chapter.
(g)
A person licensed under this chapter shall be deemed to have sufficient minimum contacts with the state pursuant to W.S. 5
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1
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107 and shall consent to the exercise of personal jurisdiction over the manufacturer in the courts of this state in any matter or issue arising under this chapter or related to the sale of cigarettes or a nicotine product.
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108.
Enforcement.
(c)
Penalties.
The following shall apply:
(xiii)
Beginning January 1, 2027, any nicotine product held or offered for retail sale in this state that is manufactured by a person that has not received a nicotine product manufacturer license as provided by this chapter shall be considered contraband goods and may be seized without a warrant by the department or any law enforcement officer in this state when directed to do so by the department. The cost of the seizure and destruction or disposal shall be borne by the person from whom the products are confiscated.
(f)
Each retailer, distributor and wholesaler that sells or distributes electronic cigarettes or vapor material in this state is subject to unannounced compliance checks for the purpose 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 on its website not less than annually and shall make the results available to the public upon request.
Section 3
.
The department of revenue shall promulgate all rules necessary to implement this act.
Section 4
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0132