The proposed 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. The list will include brands identified in FDA warnings, import alerts, seizure orders, and civil complaints related to adulteration or misbranding. The bill also outlines exemptions for certain devices, such as those with FDA marketing orders or those that do not contain nicotine.

Additionally, the bill imposes penalties for violations, including fines and permit suspensions for sellers, distributors, and wholesalers who sell devices on the illegal list. It mandates compliance checks and allows for the seizure of contraband devices without a warrant. The Department is required to maintain and update the illegal brand list and conduct inspections to ensure compliance. The bill declares an emergency, making it effective from May 1, 2025.