Bill would require manufacturer licenses and limit Wyoming vape sales

Nicotine manufacturers would need Wyoming licenses, and vape manufacturers would file business, product, and import records. The manufacturer definition covers people who make, assemble, process, or label finished nicotine products for Wyoming sales. It excludes cigarette manufacturers. Vape manufacturers would pay a one-time, nonrefundable $100 fee for each product type or model listed. Retailers would buy cigarettes and nicotine products only from licensed wholesalers, nicotine manufacturers, or cigarette importers. Wholesalers and cigarette importers would buy them only from licensed wholesalers or cigarette manufacturers. False filings could lead to action under Wyoming's consumer protection law. These requirements would apply upon enactment. Manufacturers would report product-list changes within 30 days and confirm their information and submit import records at least every six months.

The Wyoming Department of Revenue would publish a vape product list and enforce limits on sales. The sales restriction would cover electronic cigarettes and vaping material sold for retail sale or to Wyoming consumers, directly or through other sellers. Each sale of an unlisted vape product would be a separate misdemeanor, a criminal offense, with fines up to $750 for a first violation and $1,500 for later violations. Repeat violations could also lead to consumer protection remedies. Nicotine products held or offered for retail sale from unlicensed manufacturers could be seized without a warrant. The person holding them would pay seizure and destruction or disposal costs. Vape retailers, distributors, and wholesalers would face unannounced checks. Follow-up checks would occur within 30 days of violations, and results would be published at least annually. If enacted, the public list would begin October 1, 2026. The ban on unlisted sales and the seizure rules would begin January 1, 2027.

People could not market, advertise, or sell vaping products with specified designs aimed at minors or with built-in entertainment. The restrictions would cover electronic cigarettes and vaping material, including their containers, packaging, and advertising. Restricted designs would include cartoons aimed mainly at minors, copied branding normally marketed to minors, symbols mainly used to market to minors, and celebrity images that entice minors to buy. Violations would be misdemeanors, with fines up to $750 for a first violation and $1,500 for later violations. Each sale would count as a separate offense. These restrictions would take effect upon enactment.

Certain out-of-state vape manufacturers would appoint a Wyoming contact for legal papers and provide a $25,000 bond or cash guarantee. The contact and guarantee requirements would apply to out-of-state vape manufacturers not registered to do business in Wyoming. Manufacturers based outside the United States would obtain notarized statements making each importer bringing their vapes into Wyoming responsible for the full amount owed alongside the manufacturer. Importers could consult a lawyer first. The guarantee could cover fines and seizure or destruction costs. An additional bond could be required after it is used. License holders would agree to Wyoming courts handling disputes under these rules or related to cigarette or nicotine product sales. The contact and guarantee would be required before licensing. Manufacturers would give 30 days' notice before ending a contact's appointment and prove replacement five days beforehand. A withdrawn bond would need replacement before the 60-day withdrawal period expired.