Today the Indiana Senate added a few amendments to HB 1432 that left it bad for vapers and bad for vape shops. Here are the issues with the bill:
1. Several security measures were supposed to be removed. During one of our previous conversations both Senator Yoder and Representative Mahan stated that they thought the rolling steel fire door, architectural design consultant, and the UL bit had already been removed. They also said separating the locksmiths and the security firm (alarm/cameras) so they could be separately contracted companies was a reasonable request that they would accommodate.
2. Senator Yoder stated that he was aware of issues with the out of state manufacturers’ registration. He said he would have to address it. We know it is a complex issue, but we have written up some language that should satisfy the intent of the bill while still allowing out of state manufacturers the ability to import into Indiana. The language is similar to laws in place for fireworks and tobacco distributors. Please see the attached language below.
3. The exemption for the 10ml samples is a huge step in the right direction. Reducing the number retained from 3 samples to 1 sample was discussed by one of our industry reps and Senator Yoder. Senator Yoder said that it didn’t seem unreasonable and that he would consider reducing it. Reducing the samples from 3 to 1 would significantly decrease the cost of compliance while still allowing for the testing of products.
4. We had discussed cap on the fees associated with random sampling. The number suggested was $1,000 annually, and this would not prohibit the commission from requiring additional testing in the event of a violation of the article.
5. On page 6 lines 31-32 the bill has some language that prevent anyone from obtaining a manufacturing permit after June 30, 2016. Senator Yoder stated that wasn’t the intent and that it would be addressed.
6. On page 12 line 31 there is a potential $10,000 fine for manufacturers. We pointed out during our last meeting that breweries and distilleries had a cap of $4,000. Senator Yoder stated he would look into the fines. Our suggestion would be to state $4,000 per occurrence or perhaps limit the annual fines to $10,000.
7. On page 3 line 39 packaging is supposed to be conducted in the “clean room”. We have asked that only the bottling and mixing occur in a clean room because the dust and dirt from cardboard packaging could contaminate the product. Senator Yoder agreed with our position.
8. On page 10 lines 3-4 the amendment changes the scannable encryption code to a “code including a quick response code”. While this is a step in the right direction it is extremely redundant since we already have a batch number on the bottle. My suggestion at this point would be to use similar language from the new amendment and say the “label or container must include a scannable code…”
9. We submitted some language that is identical to the home brewers language for people who manufacture eliquid for personal consumption. While I understand that it is unlikely that the commission would cite or fine someone making liquid for themselves it would be appropriate to include the language to make it legal.
10. Senator Yoder suggested removing a “catch 22” from the co-op language. Page 11 line 2 “both” should be removed. Page 11 line 3 “and the manufacturer for which the service is performed” should be removed.
Suggested out of state manufacturers language:
Inserted on page 11 between lines 29 and 30 after (d) before Chapter 5.