Bill > H0244

This bill establishes a comprehensive framework for creating and maintaining a list of illegal electronic smoking device brands in Idaho, aimed at preventing the sale of potentially unsafe or unregulated vaping products. By July 1, 2025, the state department will publish a public list of electronic smoking device brands that cannot be sold in Idaho, which will include brand families that have received FDA warning letters, are part of import alerts, have been subject to seizure orders, or have been identified in civil or criminal complaints as adulterated or misbranded. The bill provides detailed criteria for including and exempting brands, with specific provisions for devices that have received FDA marketing orders or were marketed before certain dates. Starting September 1, 2025, sellers will be prohibited from selling listed brands, with escalating penalties for violations: first-time offenders will be fined $5,000, and repeated violations can lead to permit suspensions and eventual revocation. The law also mandates at least two unannounced compliance checks annually for retailers and requires the department to establish a reporting mechanism for violations. Importantly, any electronic smoking devices on the illegal brand list will be considered contraband and subject to seizure and destruction, with associated costs borne by the seller. The bill defines key terms like "brand family" and "SKU" to provide clarity and ensure consistent implementation of the regulations.

Health and Social Services

Health and Welfare Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0244/