This bill amends Chapter 57, Title 39 of the Idaho Code by introducing 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 of federal regulations, such as being identified in FDA warning letters or import alerts. The bill outlines specific criteria for inclusion on the list and provides exemptions for certain devices that meet FDA marketing requirements or do not contain nicotine.
Additionally, the bill imposes penalties for sellers, distributors, and wholesalers who violate the provisions, including fines and permit suspensions for repeated offenses. It mandates compliance checks and inspections to enforce the regulations, and any devices on the illegal list are classified as contraband, subject to seizure and destruction. The bill also requires the Department to maintain and update the illegal brand list and exemption list regularly, ensuring that stakeholders are informed of any changes. An emergency clause is included, making the act effective on May 1, 2025.