DE SB77

Establishes a state directory of approved electronic smoking devices and nicotine vapor products that may be legally sold in Delaware, with the directory to be publicly available on the Department of Finance website starting October 1, 2025

Requires manufacturers to submit annual certifications by August 1, 2025 proving FDA compliance, including either a marketing granted order or a timely filed premarket tobacco product application, along with fees of $250 per product initially and $100 annually thereafter

Prohibits the sale of electronic smoking devices and nicotine vapor products not listed in the directory, with retailers and distributors given 60 days after publication to sell or remove non-compliant inventory

Imposes civil penalties of $500 per product for retailers/distributors selling unlisted products (escalating to $750-$1,500 with license suspension or revocation for repeat violations) and $10,000 per product for manufacturers, plus potential Class B misdemeanor charges for false certifications

Requires nonresident manufacturers to appoint an in-state agent for service of process and post a $25,000 surety bond, with mandatory unannounced compliance checks at least twice annually for wholesalers, distributors, and retailers