ID S1366

Manufacturers of electronic smoking devices sold in Idaho must certify annually by August 1 that their products have FDA marketing authorization or were marketed in the U.S. as of August 8, 2016, with pending premarket applications.

Manufacturers must pay $1,000 per device on first certification and $500 annually thereafter, with certification forms separately listing each device sold in the state.

Department shall establish and publicly maintain a directory of approved devices by October 1, 2024, with monthly notifications to retailers, distributors, and wholesalers of any changes.

Electronic smoking devices not listed in the directory cannot be sold for retail sale in Idaho after 60 days of directory publication; violations result in civil penalties ranging from $500 to $3,000 and potential permit suspensions.

Manufacturers must appoint an in-state agent for service of process, notify the department within 30 days of any material changes to certification status, and comply with at least two annual unannounced compliance checks.