Montana legislation · 2025 Regular Session
Montana HB525: Generally revise laws relating to nicotine and vapor products
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising laws relating to nicotine and vapor products; prohibiting distributing, selling, or the attempt to sell vapor products containing nicotine unless included in a directory maintained and enforced by the attorney general; requiring manufacturers of vapor products containing nicotine to certify that their vapor products are in compliance with federal marketing authorization requirements; applying the tax on tobacco products to vapor products that contain nicotine; providing a statutory appropriation; providing definitions…
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATING TO NICOTINE AND VAPOR PRODUCTS; PROHIBITING DISTRIBUTING, SELLING, OR THE ATTEMPT TO SELL VAPOR PRODUCTS CONTAINING NICOTINE UNLESS INCLUDED IN A DIRECTORY MAINTAINED AND ENFORCED BY THE ATTORNEY GENERAL; REQUIRING MANUFACTURERS OF VAPOR PRODUCTS CONTAINING NICOTINE TO CERTIFY THAT THEIR VAPOR PRODUCTS ARE IN COMPLIANCE WITH FEDERAL MARKETING AUTHORIZATION REQUIREMENTS; APPLYING THE TAX ON TOBACCO PRODUCTS TO VAPOR PRODUCTS THAT CONTAIN NICOTINE; PROVIDING A STATUTORY APPROPRIATION; PROVIDING DEFINITIONS; ESTABLISHING REPORTING REQUIREMENTS; PROVIDING AN APPROPRIATION; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 1611-102, 16-11-118, 16-11-119, 16-11-120, 16-11-128, 16-11-132, 16-11-141, 16-11-159, AND 17-7-502, MCA; AND PROVIDING AN EFFECTIVE DATE, AN APPLICABILITY DATE, AND A TERMINATION DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Definitions. As used in this chapter, the following definitions apply: (1) "FDA" means the United States food and drug administration. (2) "Importer" means a person or entity in a state or territory of the United States to whom vapor products that are manufactured outside the United States are shipped, delivered, or consigned for resale. (3) "Retailer" means a person, other than a wholesaler, who is licensed by the department of revenue and who is engaged in the business of selling vapor products to the ultimate consumer. (4) "Timely filed premarket tobacco …