This bill seeks to enhance the regulation of nicotine and vapor products in Montana by establishing a comprehensive framework for their distribution and sale. It requires manufacturers to certify compliance with federal marketing authorization and prohibits the sale of vapor products unless they are listed in a directory maintained by the Attorney General. Key provisions include the introduction of new definitions for vapor products, a certification process for manufacturers, and penalties for non-compliance. Manufacturers must also appoint an agent for service of process if they are nonresident or foreign entities and submit a surety bond to have their products listed. The bill mandates annual certifications from manufacturers, the creation of a public directory of compliant products, and civil penalties for violations.

Additionally, the bill allows for compliance checks by the Attorney General and relevant departments, including up to four unannounced inspections per year of retailers and wholesalers. It requires wholesalers to report sales data quarterly and establishes a state special revenue account for managing fees and penalties collected under the new regulations. The legislation also prohibits the sale of tobacco and vapor products to unlicensed entities and outlines the process for the seizure and forfeiture of contraband products. It allocates $300,000 from the general fund for the establishment of the directory and sets an effective date of July 1, 2025, with specific applicability to vapor products sold on or after March 1, 2026.

Statutes affected:
LC Text: 16-11-102, 16-11-118, 16-11-120, 16-11-128, 16-11-132, 16-11-141, 16-11-159, 17-7-502
HB0525_1(1): 16-11-102, 16-11-118, 16-11-120, 16-11-128, 16-11-132, 16-11-141, 16-11-159, 17-7-502
HB0525_1: 16-11-102, 16-11-118, 16-11-120, 16-11-128, 16-11-132, 16-11-141, 16-11-159, 17-7-502