This bill amends Chapter 57, Title 39 of the Idaho Code by adding a new section, 39-5719, which establishes an illegal electronic smoking device brand list. By July 1, 2025, the Idaho Department will publish this list on its website, detailing electronic smoking device brands that cannot be sold in the state due to violations related to adulteration or misbranding as identified by the FDA. The bill outlines specific criteria for inclusion on this list, exemptions for certain products, and mandates that the department maintain and update the list regularly. Retailers, distributors, and wholesalers will be subject to penalties for violations, including fines and permit suspensions, and any illegal products will be classified as contraband and subject to seizure.

Additionally, the bill requires that all retailers and distributors undergo at least two unannounced compliance checks annually to ensure adherence to the new regulations. The department will also establish a reporting mechanism for violations by July 1, 2025. The bill declares an emergency, making it effective from May 1, 2025, to ensure timely implementation of these regulations aimed at controlling the sale of electronic smoking devices in Idaho.