Vaping Regulations by State: Ted Talks Trash on Tyranny
In this week’s installment of our critique of regulations and associated vape laws, we take a look at a couple creative ways the individual states have jumped on the tobacco money-train. For the most part, states have waited to punch their ticket to ride. But, as you might think, once the train starts a-rollin, it almost never slows down. And it certainly has not. So without delay, here is an early look at what is in the works on a state level.
First up, the great state of California. It’s been a while since the land of Reagan enacted its Age Verification assault on the vaping industry, but like ebola, its cure was time. The most impactful aspect of Cali’s new process was the requirement that all vapor distributors must call each customer to verify the purchaser’s information, and confirm that you are, in fact, the person purchasing the item, and that you are of legal age to make the purchase. The main difficulty built into the process is the time needed to confirm each order. With shipping times extending to multiple week,s you can imagine patience was critical. And credit to the customers in California, most of whom were understanding and glad to cooperate. There was no raise in taxes on vaping products, and since the step added was probably necessary, the new Cali law was nearly a non-issue. Nice work, California. You get a pass.
The same cannot be said for Pennsylvania. If you’re a Pennsylvania vaper, your state has a large, angry target just for you. You will pay 40% sales tax on all vapor products. Like that? If you refuse to pay the tax, you get $5000 in fines and up to five years in prison. That’s your lawmakers working for (or more to the point on), you! Non-violent offender’s table for two… Care about the lives changed by vaping? Nope. Care about people that now depend on a product to keep from smoking stinky cigs? Nope.
Even more revealing, do they care about protecting underage kids from getting their hands on a vape? Fugget about it. There is no state-mandated age verification process for Pennsylvania, none (with the exception of long-standing tobacco laws). Call me crazy, but this law benefits only the state of Pennsylvania’s bottom line, period. Congrats vapes, you’ve become the newest state income stream. Another interesting fact in the Pennsylvania law looniness: If you purchase a vape product online…you are now considered an “importer” (HB1198)! Not to be outdone, buy that mod or juice from a non-licensed Pennsylvania distributor while on vacation outside the state and take it home with you, and viola! You are now considered a criminal. Congratulations!
Before you throw a sweet face-palm at the Pennsylvanian law hawks, consider the madness going on in Indiana…whose laws are so bumfuzzled the FBI is investigating the proposed legislation to ascertain if “someone” is benefitting financially from their lunacy. They’ve written a law that requires every seller of vape products to be certified by a state-licensed organization. Because of the way the law is constructed, all the big players have said, yeah, no, we won’t be participating. We’re talking about huge security companies like ADT, Koorsen, Seimens, and Vivint Security have declined to be considered, stating they couldn’t meet the requirements to be deemed “certified” as outlined by the bill.
On the surface, the law would allow for smaller in-state security firms to fill the vacuum. This was not the case. Our friends from the Hoosier state have now unwittingly created a shiny new monopoly as a grand total of ONE company has been “certified” to date. Which brings us back to “who benefits,” as stated by the FBI? I’m not certain, but my gut tells me the good people at Mulhaupt’s Incorporated. By any standard, this smells of tainted tuna! So you wanna open a vape store, or really have anything to do with selling vapor products in Indiana? Well, good luck with that. We’ll check back with you in a few years. Now, we’re not saying anything bad about Mulhaupt’s Inc., for all I know, they are a fantastic group that’s working hard to service their clients. This is on the fine politicians tasked to protect you from yourself. Which is laughable when you consider the moral fiber of the folks telling us what we “should” be doing with our bodies. The nerve. There was a time when government by the people was a thing… By the way, violate the law as a distributer, and you lose your license for up to a year and receive a $10,000 fine. Makes one wonder how many of these hare-brained laws are written by smokers?
Whether you’re a vaper or a dealer of vape-related products, this is your opportunity to take up the fight with your elected officials. Force the issue and make your voice heard. There is no good reason for the actions taken by the states. There are standing federal laws that have been created to act as checks and balances. They stink, too, as they disregard good information and studies to validate their agendas, which appear to impede anything that might interrupt the flow of coffin nails from the great state of North Carolina. The states are piling on and, if they’re not checked, we will see a meteoric rise in vapor prices, greater thatn cigarettes have experienced, and that’s a lose-lose proposition for everyone involved.
Here is a list of all existing and upcoming state regulations by state. Keep in mind: Regulations change all the time, and these may not be permanent. We’ll add updates as they occur.
VAPING REGULATIONS BY STATE:
Alabama: No minor can sell, purchase, use, transport, or possess of vaping products within the State of Alabama. With a legitimate permit, minors can work for vape companies.
Alaska: No sale to individuals under the age of 19. Violations will result in a fine of no less than $300. Excise tax is levied on vaping products at a rate of 100 percent of the wholesale price of vaping products.
Arizona: Sale of vaping products to a minor will result in conviction of a petty offense. Minors caught purchasing vaping products will be issued a fine of $100 or more, and will be forced to perform at least 30 hours of community service. Minors using fraudulent identification will be subject to a maximum fine of $500 dollars.
Arkansas: Vendors and wholesalers of vaping products need a license before selling in Arkansas. Internet sales of vaping products is prohibited. Child-proof packaging is prerequisite for sale.
California: Vape product packaging must be child-proof. Selling vape products to individual under 21 is strictly prohibited. Age must be verified with valid government-issued ID. The billing address on the check/credit card must match the address listed on the government-issued ID. Distributors/sellers of vape products must call the customer via phone after 5pm, confirming the order, prior to shipping the vapor products. Delivery to PO boxes are prohibited.
Colorado: No statewide ban on vaping products. Vaping is prohibited on school grounds. Indoor vaping are exempt from the state regulations. Localities and cities have area-specific vape bans in place, most dealing with indoor vaping policy.
Connecticut: Vaping is prohibited indoors, where smoking is prohibited. Local governments cannot regulate vaping more stringently than the state. No sale to minors.
Delaware: Vaping is not allowed where smoking is not allowed. Localities can decide area-specific vape laws. No sale to minors.
Florida: No sale to minors. Localities have area-specific vape bans, mostly dealing with indoor vaping.
Georgia: Vaping is prohibited on all college campuses in the University System of Georgia, except in the cases of research. Localities and municipalities determine area-specific vape laws.
Hawaii: No sale to minors, or any individual under the age of 21. Unlawful to vape indoors or other public places.
Idaho: No sales to minors.
Illinois: Vaping is banned on all college campuses, except in enclosed research laboratories. Bars, restaurants, work environments, and other indoor places prohibit vaping where smoking is prohibited. Local government may apply more stringent laws. No sale to minors.
Indiana: Vape product manufacturers must apply for manufacturing permit. Manufacturers must comply with a Service Agreement, which requires an approved security firm to monitor the facility 24 hours a day. Written consent for audits must be sent to the Commission. Ingredients must be plainly listed. All mixing, bottling, and packaging must be conducted in a Clean Room. Store 3 10mL bottles from each batch for three years. Manufacturers must sell or remove from retail all inventory of e-liquid manufactured before July 1, 2015. No sale to minors.
Iowa: No sale to minors. Permits are required for sale of vape products. Local government has the right to impose stricter vape laws.
Kansas: Vaping is banned on prison grounds. No sale to minors. Localities can apply more stringent vape bans than the state.
Kentucky: Vaping is banned in all buildings of the Executive Branch, including buildings, vehicles, but excluding outdoor areas. Localities may regulate vaping more stringently than the state. No sale to minors.
Louisiana: No sale to minors. Localities may apply stricter vape laws than the state. 5 cents per milliliter tax imposed on e-liquid.
Maine: Vaping is banned in all smoke-free areas. Child-proof packaging is required. No sale to minors.
Maryland: No sales to minors. Vaping is banned in all places smoking is banned.
Massachusetts: No samples, give-aways, or free distribution. No sale to minors. Age must be verified with government-issued ID. Compliance checks, such as “secret shopper” programs is required for any vape retailer who employs six of more persons. Strict regulation of vending machines in adult-only retail locations. Vaping is banned on all college campuses.
Michigan: Vaping is banned in all eclosed workplaces, exempting bars and restaurants.
Minnesota: No sale to minors. Vaping is banned in all state/local government buildings, and college campuses. Localities can impose more stringent laws than the state’s.
Mississippi: No sale to minors. Localities can impose stricter vape laws than the state.
Missouri: No sale to minors. Selling minors e-liquid or vaping supplies will be met with a fine of $250 for the first violation, and $500 for each subsequent violation. Child-proof packaging strictly enforced. Localities are permitted to enforce more stringent laws than state governments.
Montana: No sales to minors. Localities reserve the right to draft more stringent laws than state government.
Nebraska: No sales to minors.
Nevada: A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100. As used in this subsection, “smokeless product made or derived from tobacco” means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity. No sale to minors.
New Hampshire: Vaping is prohibited on public education grounds. Vaping is forbidden where smoking is forbidden.
New Jersey: No sales to minors, without a note. All vaping products must be sold in their original packaging, with pertinent federally-mandated warnings on clear exhibition.
New Mexico: Evidence of the age and identity of the person may be shown by any document that contains a picture of the person issued by a federal, state, county or municipal government, including a motor vehicle driver’s license or an identification card issued to a member of the armed forces. No person shall knowingly sell, offer to sell, barter or give a tobacco product, an e-cigarette or a nicotine liquid container to a minor. No person shall sell, offer to sell or deliver a tobacco product, an e-cigarette or a nicotine liquid container in a form other than an original factory-sealed package. No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant; except that for the purpose of this subsection, “nicotine liquid container” does not include a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
New York: All tobacco cigarettes sold or offered for sale by a retail dealer shall be sold or offered for sale in the package, box, carton or other container provided by the manufacturer, importer, or packager which bears all health warnings required by applicable law. No sale to minors.
North Carolina: Localities may regulate vaping indoors, but not in bars and restaurants.
North Dakota: Statewide vaping ban. On November 6, 2012, by a vote of 66%-34%, North Dakota voters ratified Initiative Measure Four, which, upon taking effect in December 2012, amends North Dakota’s existing partial smoking ban so as to ban smoking statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores with all restrictions applying to e-cigarettes as well. The ban exempts only private residences except when operating as a childcare or adult day care facility, outdoor areas except within 20 feet of the entrance to a public place or place of employment, businesses not open to the public with no employees besides the owner, and American Indian religious and cultural rituals. Local governments may regulate vaping more stringently than the state.
Ohio: No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any child; (Child defined in another section as a person under age 18). Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification.
Oklahoma: Vaping is only prohibited in all Dept. of Corrections facilities, including vehicles and grounds. Localities are prohibited from regulating vaping more stringently than the state. Also, sales, gifts and furnishing of vapor products to persons under the age of 18 are subject to legal action the same way as if it were alcohol to a person under 21.
Oregon: Effective January 1, 2016, vaping is prohibited in all smoke free areas, which includes bars and restaurants. Localities may regulate vaping more stringently than the state. No sale to minors. Child-proof packaging required. Regulation-approved warnings must be plainly visible. Vaping products cannot be attractive to minors.
Pennsylvania: A tobacco products tax is imposed on the dealer or manufacturer at the time the tobacco product is first sold to a retailer in this Commonwealth at the rate of 55¢ per ounce for the purchase of any tobacco product other than electronic cigarettes. The tax rate shall include a proportionate tax at the rate of 55¢ per ounce on all fractional parts of an ounce. The tax imposed on tobacco products other than electronic cigarettes that weigh less than 1.2 ounces per container is equal to the amount of the tax imposed on tobacco products other than electronic cigarettes that weigh 1.2 ounces. The tax shall be collected from the retailer by whomever sells the tobacco product to the retailer and remitted to the department. Any person required to collect this tax shall separately state the amount of tax on an invoice or other sales document.
A tobacco products tax is imposed on the dealer or manufacturer at the time the electronic cigarette is first sold to a retailer in this Commonwealth at the rate of 40% on the purchase price charged to the retailer for the purchase of electronic cigarettes. The tax shall be collected for the retailer by whomever sells the electronic cigarette to the retailer and remitted to the department. Any person required to collect this tax shall separately state the amount of tax on an invoice or other sales document.
A retailer may only purchase tobacco products from a licensed dealer. If the tax is not collected by the seller from the retailer, the tax is imposed on the retailer at the time of purchase at the same rate as in subsections and based on the retailer’s purchase price of the tobacco products. The retailer shall remit the tax to the department.
The tax is imposed on an unclassified importer at the time of purchase at the same rate as in subsections and based on the unclassified importer’s purchase price of the tobacco products. The unclassified importer shall remit the tax to the department.
Rhode Island: No sales to minors. Vape products must be sold in their original, approved packaging. A manufacturer or importer may sell or distribute electronic nicotine-delivery systems to a person located or doing business within the state only if such person is a licensed distributor. An importer may obtain electronic nicotine-delivery systems only from a licensed manufacturer. A distributor may sell or distribute electronic nicotine-delivery systems to a person located or doing business within this state only if such person is a licensed distributor or dealer. A distributor may obtain electronic nicotine-delivery systems only from a licensed manufacturer, importer, or distributor. A dealer may obtain electronic nicotine-delivery systems only from a licensed distributor.
South Carolina: No sales to minors. Localities may determine harsher laws than state regulations.
South Dakota: Vaping is only prohibited in Department of Corrections facilities and on grounds thereof, by both employees and inmates. All other indoor places, including bars and restaurants, are entirely exempt from the state’s regulations, and it remains unclear whether or not local government are allowed to regulate their usage more stringently.
Tennessee: Child-proof packaging required, and no sales to minors.
Texas: Child-proof packaging required, no sales to minors. A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person accepting the delivery sale order first: obtains from the prospective customer a certification that includes: reliable confirmation that the purchaser is at least 18 years of age; and a statement signed by the prospective purchaser in writing and under penalty of law: certifying the prospective purchaser’s address and date of birth;confirming that the prospective purchaser understands that signing another person’s name to the certification is illegal, that sales of cigarettes to an individual under the age prescribed by Section 161.082 are illegal under state law, and that the purchase of cigarettes by an individual under that age is illegal under state law; and confirming that the prospective purchaser wants to receive mailings from a tobacco company; makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser under Subdivision (1) against a commercially available database or obtains a photocopy or other image of a government-issued identification bearing a photograph of the prospective purchaser and stating the date of birth or age of the prospective purchaser; sends to the prospective purchaser, by e-mail or other means, a notice that complies with Section 161.454; and for an order made over the Internet or as a result of an advertisement, receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in the purchaser’s name or by check.
A person taking a delivery sale order may request that a prospective purchaser provide the purchaser’s e-mail address. A person may not mail or ship e-cigarettes in connection with a delivery sale order unless before accepting a delivery sale order the person verifies that the prospective purchaser is at least 18 years of age through a commercially available database or aggregate of databases that is regularly used for the purpose of age and identity verification. After the order is accepted, the person must use a method of mailing or shipping that requires an adult signature.
A retailer in this state that otherwise complies with applicable laws relating to retail sales and primarily sells e-cigarettes may comply with Subsection (c) by: verifying the age of the prospective purchaser with a commercially available database or a photocopy or other image of a government-issued identification bearing a photograph of the prospective purchaser and stating the date of birth or age of the prospective purchaser; obtaining a written statement signed by the prospective purchaser, under penalty of law, certifying the prospective purchaser’s address and date of birth; and receiving payment for the delivery sale from the prospective purchaser by a credit card or debit card that has been issued in the prospective purchaser’s name or by a check that is associated with a bank account in the prospective purchaser’s name.
Utah: Effective January 1, 2009, vaping is prohibited in all indoor places exempting only (1) designated hotel/motel smoking rooms, (2) areas of owner-operated businesses with no employees besides the owner, and (3) American Indian religious and cultural ceremonies. Since the state law supersedes any ordinances passed by political subdivisions of the state (i.e., cities, counties, school districts, agencies, etc.), such political subdivisions are preempted from regulating indoor smoking or vaping any more or less stringently than the Act. No sale to minors, child-proof packaging, and appropriate licensure is required.
Vermont: Effective January 1, 2017, vaping is prohibited in public areas where smoking is banned. Unless specifically preempted by federal law, no person shall manufacture, regardless of location, for sale in; offer for sale in; sell in or into the stream of commerce in; or otherwise introduce into the stream of commerce in Vermont: (1) any liquid or gel substance containing nicotine unless that product is contained in child-resistant packaging; or (2) any nicotine liquid container unless that container constitutes child-resistant packaging. As used in this section: “Child-resistant packaging” means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
“Nicotine liquid container” means a bottle or other container of a nicotine liquid or other substance containing nicotine which is sold, marketed, or intended for use in a tobacco substitute. The term does not include a container containing nicotine in a cartridge that is sold, marketed, or intended for use in a tobacco substitute if the cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. No sales to minors.
Virginia: No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less than 18 years of age, knowing or having reason to believe that such person is less than 18 years of age, any tobacco product, nicotine vapor product, or alternative nicotine product.
Tobacco products may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of tobacco products by minors is unlawful and (ii) located in a place which is not open to the general public and is not generally accessible to minors. An establishment which prohibits the presence of minors unless accompanied by an adult is not open to the general public.
B. No person less than 18 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, or alternative nicotine product. The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, or alternative nicotine products by a person less than 18 years of age making a delivery of tobacco products, nicotine vapor products, or alternative nicotine products in pursuance of his employment. This subsection shall not apply to purchase, attempt to purchase, or possession by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.
C. No person shall sell a tobacco product, nicotine vapor product, or alternative nicotine product to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 18 years of age. Such identification is not required from an individual whom the person has reason to believe is at least 18 years of age or who the person knows is at least 18 years of age. Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the individual was at least 18 years of age shall be a defense to any action brought under this subsection. In determining whether a person had reason to believe an individual is at least 18 years of age, the trier of fact may consider, but is not limited to, proof of the general appearance, facial characteristics, behavior, and manner of the individual.
This subsection shall not apply to mail order or Internet sales, provided that the person offering the tobacco product, nicotine vapor product, or alternative nicotine product for sale through mail order or the Internet (i) prior to the sale of the tobacco product, nicotine vapor product, or alternative nicotine product verifies that the purchaser is at least 18 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 18 years of age before the tobacco product, nicotine vapor product, or alternative nicotine product will be released to the purchaser.
D. A violation of subsection A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution, or purchase of a bidi is punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a nicotine vapor product, alternative nicotine product, or tobacco product other than a bidi.
A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C.
E. 1. Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment that offers for sale any tobacco product, nicotine vapor product, or alternative nicotine product shall post in a conspicuous manner and place a sign or signs indicating that the sale of tobacco products, nicotine vapor products, or alternative nicotine products to any person under 18 years of age is prohibited by law. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $50. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
3. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
F. Nothing in this section shall be construed to create a private cause of action.
G. (Effective until July 1, 2018) Agents of the Virginia Alcoholic Beverage Control Board designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
G. (Effective July 1, 2018) Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
H. As used in this section:
“Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. “Alternative nicotine product” does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
“Bidi” means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
“Nicotine vapor product” means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. “Nicotine vapor product” includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. “Nicotine vapor product” does not include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
“Tobacco product” means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings. “Tobacco product” does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
“Wrappings” includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.
Prohibiting purchase or possession of tobacco products, nicotine vapor products, and alternative nicotine products by minors or sale of tobacco products, nicotine vapor products, and alternative nicotine products to minors.
- No person shall sell or distribute at retail or offer for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, unless such liquid nicotine container meets child-resistant packaging standards.
B. The requirements of subsection A shall not prohibit a wholesaler or retailer from selling its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can establish that the inventory was purchased prior to October 1, 2015, in a quantity comparable to that of the inventory purchased during the same period of the prior year.
C. Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reason to know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class 4 misdemeanor. However, no person shall be guilty of a violation of this section who relies in good faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.
D. The provisions of this chapter do not apply to any manufacturer or wholesaler of liquid nicotine containers who sells or distributes a liquid nicotine container, provided that any such liquid nicotine container sold or distributed is intended for use outside of the Commonwealth.
E. The provisions of subsection A shall be null, void, and of no force and effect upon the effective date of either enacted federal legislation or final regulations issued by the U.S. Food and Drug Administration or by any other federal agency where such legislation or regulations mandate child-resistant packaging for liquid nicotine containers.
Washington: Localities have the right to impose stricter laws than state governments. Purchase licenses, no sale to minors signage, FDA-compliant labeling, ID checks, Age verification database, special documents with packages shipped, child-resistant packaging, NO TESTING or NO MINORS for retail shops, no free coupons.
(a) Any outdoor billboard advertisement for snuff and chewing tobacco products must conspicuously display one of the following statements:
“WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER”
“WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS”
“WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES”
The warnings shall be rotated every four months by the manufacturer, packager or importer of snuff and chewing tobacco products in an alternating sequence in the advertisement for each brand of such tobacco product. Such warning shall appear in the format and type style prescribed under 15 U.S.C. 1333 (b) (3), as amended.
Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
Any employer who discovers that his or her employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of section three, article six, chapter twenty-one-a of this code, if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
Wisconsin: Wisconsin specifically defines Electronic Cigarettes separate from tobacco. As such, we do not need to deal with any WI taxes or licensing requirements for tobacco products or cigarettes.
No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products to any person under the age of 18.
Wyoming: Child-resistant packaging required, no sale to minors.