I am a small business owner and former long time smoker. Over the years I tried several methods to quit smoking but, like thousands of people, I only succeeded when I switched to vaping. With my vape shop I have helped hundreds of Hoosiers do the same in the six months we have been in business. Vaping lacks the devastating effects on health caused by smoking cigarettes and is a far less expensive alternative. Now Indiana is about to become the first state in the nation to regulate the vaping industry with bill HB1432 which is currently awaiting Governor Mike Pence's signature.  While several of the the bill's requirements are reasonable, much of the bill is clearly designed to destroy Indiana's burgeoning vaping business and make it much more difficult for individual Hoosiers to vape. 

The following are the ways in which HB1432 threatens vaping and the vaping business in Indiana:

1: HB 1432 puts nearly 200 small businesses and over 1,800 gainfully employed Hoosiers in jeopardy. The lack of product choices and the cost of compliance will force many small businesses to close their doors.

2: HB 1432 criminalizes home brewing of e-liquid, for personal use. Home brewing, or DIY, is currently allowed for beer, wine, dry tobacco, and other adult products. 

3: HB 1432 will place unheard of and unlawful restrictions on out-of-state manufacturers. This bill tries to assert authority over an out-of-state manufacturer’s production process, facility design, security measures, and personnel. This is not done to any other industry and is clearly unconstitutional.

4: HB 1432 requires small manufactures to enter into an expensive 5 year contract with a third party security firm. Forcing small businesses to be bound by lengthy contacts serves no real purpose. If the state changes its security requirements or the business just isn't happy with the services provided the business will have to pay huge termination fees. Also, there are only a handful of security companies that meet all the requirements.

5: HB 1432 places redundant and costly requirements on the labeling of finished products. The bill requires that manufacturers place not only a printed Batch Number, but also a redundant QR Code that links to a webpage that lists the same batch number. This added step will require specific labels just for products sold in Indiana. This will also add additional labor and equipment costs associated with maintaining this data online.

6: HB 1432 requires that manufactures maintain a clean and sanitary facility, but then requires all packaging be done in the same “clean room” where e-liquid is mixed and bottled. Having cardboard, packing foam, and other packaging materials in your “clean room” violates the Good Manufacturing Processes (GMP) standards used by every other industry. This requirement will prevent manufacturers from receiving third party certification of their facilities.

7: HB 1432 contains a section that says permits will be issued until June 30th, 2016. This one line is reason enough to veto this bill. This will prevent any new manufactures from ever being able to operate or sell their products in Indiana. This is a perverse violation of the free market principles that make Indiana a “business friendly climate”.

8: Our industry met with both Senator Yoder and Representative Mahan on numerous occasions. Each time these issues were brought up, they both agreed that they needed to be fixed or thought they had already been removed. These same statements were made, by Sen. Yoder and Rep. Mahan, to other legislators on the chamber floor or in committee hearings. They were not changed.

For some reason all big tobacco Ecig's are exempt from the Bill? Why is this and how are they different for the small businesses?

Governor Pence I urge you to veto this bill. I, and all vapor shop owners, agree that regulations need to be placed on this industry. Let's work together to make sure that the laws and regulations cultivate the industry and not stifle or crush what could possibly be called one of the greatest health movements in decades.