S-5229

   Amend  the amendment, S-5205, to House File 2677, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, by striking lines 6 through 10 and inserting: 
   <___.  By striking page 2, line 21, through page 3, line 6, and inserting: 
   <1.  By August 1, annually, following the date the director first makes the vapor products directory available as specified in section 453A.52A, every vapor products manufacturer where vapor products are sold in the state, whether directly or through a distributor, wholesaler, retailer, or similar intermediary or intermediaries, shall certify under penalty of perjury on a form and in the manner prescribed by the director, that the vapor products manufacturer agrees to comply with this subchapter and to all of the following:
   <a.  To either subparagraph (1) or (2):
   (1)  That the vapor products manufacturer has received a marketing authorization or similar order for the vapor product from the United States food and drug administration pursuant to 21 U.S.C. §387j.
   (2)  That the vapor products manufacturer holds a valid permit under this chapter and will comply with all applicable requirements of 15 U.S.C. §375 and 376.
   b.  If the vapor products manufacturer is a nonresident vapor products manufacturer, that the nonresident vapor products manufacturer has provided a safety data sheet to the director in a form that meets the requirements of 29 C.F.R. §1910.1200(g).>
   ___.  Page 3, line 11, by striking <both> and inserting <all>>
   2.  Page 1, after line 21 by inserting: 
   <___.  Page 3, before line 20 by inserting: 
   <b.  If the vapor products manufacturer is a nonresident vapor products manufacturer, a copy of the safety data sheet as specified in subsection 1, paragraph “b”.>
   ___.  Page 3, line 20, by striking <b.> and inserting <c.>>

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BRAD ZAUN