US E-Cigarette Regulation

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U.S. E-Cigarette Regulation: A 50-State Review The following chart is a snapshot of the U.S. landscape of e-cigarette regulation as of June 15, 2021. The information below was based on a survey of current state statutes pertaining to e-cigarette regulations in the 50 states, Washington, D.C., and the U.S. territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands in the following areas: definition of “tobacco product,” taxation, product packaging, youth access/other retail restrictions, retail license/permit requirement, and smoke-free air legislation.1 Whenever possible, hyperlinks to free online resources containing the cited authority are included. Please note, however, that some links go to legislative websites or portals because the laws have not yet been codified or are not otherwise available. In some instances, public domain websites have not yet been updated to include the most recently passed laws. The N/A designation refers to the lack of state laws or regulations related to e-cigarettes as of June 15, 2021; however, many local laws in these states (and throughout the U.S.) address e-cigarettes. .

1 N.B. Statutes/regulations available via Westlaw legal database as of the snapshot date are included in the table, as are any regulations not found in the database but about which we have been made aware. Unenforceable advertising restrictions are not captured in the snapshot, nor are requirements governing use in specific places of employment where such locations are also covered by a broader restriction on use in workplaces (e.g., individual schools, health facilities, or courts may not be mentioned if, subsequently, a broader use restriction in all places of employment covers all schools, health facilities or courts). Likewise, regulations governing the following are NOT included in the chart, as they simply support the sales/other restrictions within the statutory scheme: requirements that retailers/vending machines display signs indicating minimum access age; internet sales restrictions that mirror captured sales restrictions; requirements that retailers verify the age of anyone who appears under a certain age; permission for retailers to refuse a sale if purchaser cannot prove age; penalties assessed for violations; permission for minors participating in enforcement activities to possess product and regulations that simply carry out a statutory requirement or restriction.

1 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Alabama No. Youth Access N/A Liquid nicotine Sale of electronic nicotine Yes. ALA. Licensed containers must delivery systems to persons CODE § 28- emergency Electronic nicotine be sold in under age 21 prohibited. 11-7 (2021) medical delivery system means child-resistant ALA. CODE § 13A-12-3 providers cannot “[a]ny electronic packaging. (2021) use e-cigarettes device that uses a ALA. CODE § “while operating battery and heating 28-11-18(a) Purchase, use or possession or riding in an element in combination (2021) of electronic nicotine ambulance or with an e-liquid or delivery systems by persons while providing tobacco to produce a under age 21 prohibited. patient care.” vapor that delivers ALA. CODE § 28-11-13(a) ALA. ADMIN. nicotine to the (2021) CODE r. 420-2-1- individual inhaling .28(6)(j) (2021) from the device to Minor employees may handle simulate smoking, and electronic nicotine delivery Use of electronic includes, but is not systems when an employee cigarettes limited to, products that over the age of 21 is present. prohibited at may be offered to, ALA. CODE § 28-11-13(a) licensed day care purchased by, or (2021) facility premises. marketed to consumers ALA. ADMIN. as an electronic A county may not issue a CODE r. 660-5- cigarette, electronic specialty retail license for 26.03(4)(k)(10); cigar, electronic sales of electronic nicotine 660-5- cigarillo, electronic delivery systems if the retail

2 Application of definition within tobacco control scheme varies; see specific regulatory category for details of treatment of electronic nicotine delivery systems within state tobacco control scheme. 3 Text excepting references to medical/cessation devices approved/regulated by FDA, which is commonly found in youth access or tax definitions of tobacco products or e- cigarettes, excluded for space considerations.

2 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 pipe, electronic business is located within 27.04(2)(a)(10) hookah, vape pen, vape 1,000 feet of a school, child- (2021) tool, vaping device, or care facility, church, public any variation of these library, playground or park, terms [and] includes or other youth-centered any e-liquid intended to facility or space after January be vaporized in any 1, 2020 (unless retailer is a device included in this specialty shop that has been subdivision.” ALA. in business at that location CODE § 28-11-2(6) for 18 consecutive months). (2021) ALA. CODE § 28-11-19 (2021) E-liquid means “[a] liquid that contains Self-service displays of nicotine and may electronic nicotine delivery include flavorings or systems restricted to tobacco other ingredients that specialty stores or vending are intended for use in machine sales in areas an electronic nicotine inaccessible to persons under delivery system.” ALA. age 21 years or is under the CODE § 28-11-2(8) direct control of an (2021) employee. ALA. CODE §§ 28- 11-6.1; 28-11-6.2 (2021) Liquid nicotine container means “a Delivery sales of electronic bottle or other nicotine delivery systems container of a liquid may only be made after product that is intended obtaining a permit for to be vaporized and delivery sales and verifying inhaled using an the age and address of the

3 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic nicotine purchaser through a third- delivery system [except party verification service, those pre-filled, sealed, and taking payment through and not intended to be a credit or debit card in opened by consumer].” purchaser’s name. ALA. ALA. CODE § 28-11- CODE § 13A-12-3.8(a)-(d) 2(11) (2021) (2021)

Sales Tax Advertising electronic nicotine delivery systems on Vapor products means a billboard as available in “[a]ny non-lighted, flavors other than tobacco, noncombustible mint or menthol or within product that employs a 1,000 feet of any school or mechanical heating public playground prohibited. element, battery, or ALA. CODE § 28-11-16(a) electronic circuit (2021) regardless of shape or size and that can be Specialty retailers or used to produce vapor manufacturers of electronic from nicotine in a nicotine delivery systems solution. The term may not use the brand name includes any vapor of such product to sponsor cartridge or other scholarships, events for container of nicotine in which individuals aged 21 a solution or other form years or older make up less that is intended to be than 85 percent of used with or in an performing participants, nor electronic cigarette, advertise in print or digital electronic cigar, publications for which

4 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigarillo, individuals aged 21 years or electronic pipe, or older make up less than 85 similar product or percent of the readership. device.” ALA. CODE § ALA. CODE § 28-11-16(b) 40-23-1(a)(16) (2021) (2021)

Consumable vapor Electronic nicotine delivery product means “[a]ny systems may not be nicotine liquid solution advertised or marketed using or other material terms like “candy” or other containing nicotine that sweet or dessert-like is depleted when used descriptors, or any other as a vapor product.” imagery that is known to ALA. CODE § 40-23-1 appeal to minors. ALA. CODE (a)(15) (2021) § 28-11-16(d) (2021) Alaska No. Youth Access N/A N/A Sale/giving an electronic Yes. Use of e- smoking product to person ALASKA cigarettes Electronic smoking under age 19 prohibited STAT. § included in product means “(i) any (unless FDA approved for 43.70.075(a definition of product containing or tobacco cessation or other ) (2021) “smoking” and delivering nicotine or medical purpose, and is prohibited in any other substance provided by qualified same places intended for human persons). ALASKA STAT. § smoking is consumption that can 11.76.109 (2021) prohibited, be used by a person including through inhalation of Self-service displays of enclosed public vapor or aerosol from electronic smoking products areas such as the product, of any size prohibited except in specialty office buildings, or shape, whether the tobacco shops restricting hotels, bars, product is entry to persons 19 and older. common areas of

5 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 manufactured, ALASKA STAT. § 11.76.106 apartment distributed, marketed, (2021) buildings, places or sold as an e- of employment, cigarette, e-cigar, e- Possession of an electronic public pipe, e-hookah, vape smoking product, or a transportation, pen, or any other product containing nicotine, sports venues, product name or by person under 19 child care descriptor; or (ii) a prohibited. ALASKA STAT. § facilities, and component, solution, 11.76.105 (2021) outdoors within alternative tobacco 10 feet of product, e-liquid, e- Persons under age 19 playground juice, vapor product, prohibited from selling equipment, and flavoring, or aothe electronic smoking products. within 20 feet of related product of an ALASKA STAT. § windows and electronic cigarette, 11.76.109(a)(4) (2021) vents of electronic cigar, buildings in electronic cigarillo, Vending machines for which smoking electronic pipe, or other electronic smoking products prohibited (with similar device of any must be located in bar, club some size or shape used for, or package store away from exceptions). or to assist with, entrance and under ALASKA STAT. aerosolizing and continuous supervision. §§ 18.35.399(12) inhaling chemical ALASKA STAT. § (definition of substances that may 11.76.109(d) (2021) “smoking”); cause an adverse effect 18.35.301 (2021) on human health.” ALASKA STAT. § 11.81.900(b)(23) (2021)

6 U.S. E-Cigarette Regulation: A 50-State Review

E-cigarette means “any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e- cigarette, e-cigar, e- pipe, e-hookah, vape pen, or any other product name or descriptor [including FDA approved products when] use of those products simulate smoking or expose others to vapor or aerosol.” ALASKA STAT. § 18.35.399(4) (2021)

7 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Arizona No. Vapor product means N/A N/A Sale of vapor product to No. Use of e- “a noncombustible persons under age 18 cigarettes is tobacco-derived prohibited. ARIZ. REV. STAT. prohibited in product containing § 13-3622(A) (2021) foster homes and nicotine that employs a in vehicles when mechanical heating Purchase/possession of vapor foster child is element, battery or product by person under age present. ARIZ. circuit, regardless of 18 prohibited. ARIZ. REV. ADMIN. CODE § shape or size, that can STAT. § 13-3622(B) (2021) 21-6-315 (2021) be used to heat a liquid nicotine solution contained in cartridges.” ARIZ. REV. STAT. § 13-3622(E)(3) (2021) Arkansas No. Sales restrictions N/A E-liquid Sale of vapor products, e- Yes. Use of vapor containers must liquids or any component Separate products or e- Vapor product means be sold in thereof prohibited to persons permits liquids on “an electronic oral child-resistant under age 21, unless the required for grounds of any device of any size or packaging person is active-duty military wholesalers, school or at off- shape that contains a (excepting pre- or has attained the age of 19 wholesaler campus school- vapor of nicotine, e- filled and years as of December 31, salespersons sponsored events, liquid, or any other sealed 2019. ARK. CODE ANN. § 5- , retailers, in or on the substance that when cartridges). 27-227(a)(1) (2021) and vending grounds of any used or inhaled ARK. CODE machine child care simulates smoking, ANN. § 26-57- Distribution of free samples sales. facility, school or regardless of whether a 254(c) (2021) of vapor products, e-liquids ARK. CODE childcare visible vapor is or components, or coupons ANN. §§ 26- vehicles, or produced, including for free samples thereof near 57-214; 26- healthcare without limitation a youth-centered places or to facility

8 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 device that: (A) [i]s persons under age 21, is 57-215(b) prohibited. ARK. composed of a heating prohibited, unless the person (2021) CODE ANN. §§ element, battery, is active-duty military or has 26-57-254(b); 6- electronic circuit, attained the age of 19 years 21-609(b) (2021) chemical process, as of December 31, 2019. mechanical device, or a ARK. CODE ANN. § 5-27- Use of e- combination [thereof]; 227(f) (2021) cigarettes (B) [w]orks in “prohibited on combination with a Possession/use/purchase of each campus of cartridge, other vapor products, e-liquids or state-supported container or liquid components thereof by institutions of delivery device persons under age 21 higher containing nicotine, e- prohibited, unless the person education.” ARK. liquid, or any other is active-duty military or has CODE ANN. § 6- substance and attained the age of 19 years 60-804(a) (2021) manufactured for use as of December 31, 2019. with vapor products; ARK. CODE ANN. § 5-27- Use of e- (C) [i]s manufactured 227(b)(1) (2021) cigarettes near distributed, marketed, State Park or sold as any type or Self-service displays or buildings derivation of a vapor vending machine sales of restricted. ARK. product, e-cigarette, e- vapor products or e-liquids ADMIN. CODE § cigar, e-pipe, or any restricted to specialty tobacco 013.05.1-1191 other product name or and vape shops and locations (2021) descriptor...” ARK. inaccessible to persons under CODE ANN. § 26-57- age 21 unless vending Visitors to 203(34) (2021) machine is under employee community supervision. ARK. CODE correctional E-liquid and e-liquid ANN. § 5-27-227(g)-(h) facilities are product mean “a liquid (2021) prohibited from

9 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 product, which may or bring vapor may not contain products. ARK. nicotine, that is inhaled ADMIN. CODE § when using a vapor 159.00.1-7.24(V) product, and that may (2021) or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings” ARK. CODE ANN. § 26- 57-203(12) (2021)

E-liquid container means “a bottle or other container of e- liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product [except those] prefilled and sealed by the manufacturer and...not intended to be opened by the consumer.” ARK. CODE ANN. § 26- 57-254(d) (2021)

10 U.S. E-Cigarette Regulation: A 50-State Review

E-cigarette means “an electronic oral device that provides a vapor of nicotine or another substance that, when used or inhaledsimulates smoking, including without limitation a device that: (1) [i]s composed of a heating element, battery, or electronic circuit, or a combination [thereof]; (2) [w]orks in combination with a liquid nicotine delivery device composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes; and (3) [i]s manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, or

11 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 under any other product name or descriptor.” ARK. CODE ANN. §§ 6- 21-609(a); 6-60-803(2) (2021)

California Yes. CAL. Youth Access and Use Electronic Electronic Sale/distribution of electronic Yes. CAL. Use of electronic BUS. & Restrictions cigarettes taxed cigarette cigarettes to persons under BUS. & cigarettes PROF. as “Other cartridges and age 21 prohibited (active PROF. CODE prohibited CODE § Tobacco product Tobacco solutions for duty military personnel must §§ 22972 wherever 22950.5(d) means “[a] product Products” at rate filling be at least 18). CAL. BUS. & (retailers); smoking is (1)(B) containing, made, or of 56.93% of electronic PROF. CODE §§ 22958(a); 22975 prohibited (with (2021); derived from tobacco wholesale cost. cigarettes must 22963(a) (2021); CAL. (a)(2021) some exceptions) CAL. REV. or nicotine that is CAL. REV. & be sold in PENAL CODE § 308(a)(1)(A) (wholesalers (CAL. BUS. & & TAX. intended for human TAX. CODE § child-resistant (2021) and PROF. CODE § CODE § consumption 30130.51(b) packaging. distributors) 22950.5(c) 30121(b) [including] [a]n (2020); CAL. CAL. HEALTH Self-service displays of (2021)) (2021); electronic device that DEP’T OF TAX & & SAFETY electronic cigarettes (definition of CAL. delivers nicotine or FEE ADMIN., Tax CODE § prohibited. CAL. BUS. & smoking) HEALTH & other vaporized liquids Rates-Special 119406(a) PROF. CODE § including, but not SAFETY to the person inhaling Taxes and Fees (2021) 22962(b)(1)(A) (2021) limited to, CODE § from the device, enclosed places 104495 including, but not Vending machine sales of of employment (8)(A) limited to, an electronic electronic cigarettes must be (CAL. LAB. CODE (2021) cigarette, cigar, pipe, or located inside a bar at least § 6404.5 (2021)); hookah…” CAL. BUS. 15 feet from entrance. CAL. family day care & PROF. CODE § BUS. & PROF. CODE § facilities; (CAL. 22950.5(d)(1) (2021) ; 22960(b)(1) (2021) HEALTH &

12 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 CAL. HEALTH & SAFETY CODE § SAFETY CODE § “The possession or use of 1596.795 104495(a)(8)(A) (2021) [electronic cigarettes] by (2021)); foster wards and inmates in all and group homes Tobacco product flavor institutions and camps under (CAL. HEALTH & enhancer means “a the jurisdiction of the SAFETY CODE § product designed, Department of the Youth 1530.7 (2021)); manufactured, Authority is prohibited.” within 25 feet of produced, marketed, or CAL.WELF. & INST. CODE § playgrounds or sold to produce a 1712.5(a) (2021) 250 feet of a characterizing flavor youth sports when added to a Sale of flavored electronic events (CAL. tobacco product.” CAL. cigarettes and flavor HEALTH & HEALTH & SAFETY enhancers prohibited SAFETY CODE § CODE § (exception for certain hookah 104495(b),(d) 104559.5(a)(15) (2021) businesses). CAL. HEALTH & (2021)); in public SAFETY CODE § 104559.5(b), buildings or Tax (c) (2021) (Pending approval “within 20 feet of in November 8, 2022 a main exit, Electronic cigarettes election) entrance, or means “any device or operable window delivery system sold in Delivery sales, distribution, of a public combination with or nonsale distribution (e.g., building, or in a nicotine which can be mail, phone, online) of [state-owned] used to deliver to a electronic cigarettes through passenger person nicotine in the U.S. Postal Service or vehicle” (CAL. aerosolized or any other public or private GOV’T CODE § vaporized form, postal service prohibited 7597(A) (2021)); including, but not unless the age of the product health facilities limited to, an e- purchaser is verified as 21 (CAL. HEALTH &

13 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarette, e-cigar, e- years or older at both time of SAFETY CODE § pipe, vape pen, or e- purchase and delivery. 1286 (2021)); in hookah...[including] Additionally, the container cars with minors any component, part, or must be conspicuously (CAL. HEALTH & accessory of such a labeled with “CONTAINS SAFETY CODE § device that is used TOBACCO PRODUCTS: 118948 (2021)); during the operation of SIGNATURE OF PERSON on public the device when sold in 21 YEARS OF AGE OR transportation combination with any OLDER REQUIRED FOR (CAL. HEALTH & liquid or substance DELIVERY.” CAL. BUS. & SAFETY CODE § containing nicotine PROF. CODE §§ 22963(a), (b) 118925 (2021)); [and also includes] any (2021) on passenger liquid or substance carriers (buses, containing nicotine, trains, planes) whether sold separately (CAL. PUB. UTIL. or sold in combination CODE § 561(a) with any device that (2021)); on could be used to deliver grounds of to a person nicotine in facilities under aerosolized or Dep’t of Youth vaporized form.” CAL. Authority REV. & TAX. CODE § jurisdiction, with 30121(c) (2021) the exception of residential staff Tobacco products housing where means “a product inmates or wards containing, made, or are not present derived from tobacco (CAL. WELF. & or nicotine that is INST. CODE § intended for human

14 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 consumption, whether 1712.5(b) smoked, heated, (2021)); chewed, absorbed, in nonprofit dissolved, inhaled, charitable snorted, sniffed, or temporary food ingested by any other facilities (CAL. means, [including] HEALTH & cigars, little cigars, SAFETY CODE § chewing tobacco, pipe 114332.3(f) tobacco, or snuff, [but (2021)); in not] outpatient health cigarettes. Tobacco facilities (CAL. products shall also HEALTH & include electronic SAFETY CODE § cigarettes.” CAL. REV. 1234 (2021)); & TAX. CODE § within 25 feet of 30121(b) (2021) the “commerce area” of certified Use restrictions farmers’ markets (CAL. HEALTH & Tobacco product SAFETY CODE § means “[a] product 114371(f) containing, made, or (2021)) and on a derived from tobacco state beach or or nicotine that is unit of the state intended for human park system consumption (CAL. PUB. RES. [including] [a]n § 5008.10(b) electronic device that (2021)). delivers nicotine or

15 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 other vaporized liquids Schools may not to the person inhaling allow students to from the device, use tobacco including, but not products, limited to, an electronic including cigarette, cigar, pipe, or electronic hookah…” CAL. cigarettes, on HEALTH & SAFETY campus or while CODE § attending school- 104495(a)(8)(A) (2021) sponsored activities. CAL. EDUC. CODE § 48901(a) (2021) School districts, charter schools and county offices of education must adopt and enforce policy prohibiting use of electronic cigarettes. CAL. HEALTH & SAFETY CODE § 104420(n)(2) (2021)

16 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Use of nicotine delivery devices prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles. CAL. HEALTH & SAFETY CODE § 104559(a) (2021)

Landlord of a residential dwelling unit may prohibit smoking of tobacco products, including electronic cigarettes, on the property or any portion of the building. CAL. CIV. CODE § 1947.5 (2021)

17 U.S. E-Cigarette Regulation: A 50-State Review

Department of Corrections facilities are smoke-free (“with the exception of residential staff housing where inmates are not present”). CAL. PENAL CODE § 5030.1 (2021) Colorado Yes. Cigarette, tobacco Gradually N/A Sale and distribution of Yes. COLO. Use of electronic COLO. product, or nicotine increasing tax nicotine products to persons REV. STAT. smoking devices REV. STAT. product means “(I) [a] imposed on under age 21 prohibited. §§ 44-7- restricted similar § 18-13- product that contains nicotine products COLO. REV. STAT. §§ 18-13- 104.5(1)(a)( to smoking 121(5)(a) nicotine or tobacco or beginning on 121(1)(a); 25-14-301(2)(a); I) (2021) (COLO. REV. (2021) is derived from tobacco January 1st of the 44-7-103(1) (2021) (retailer) STAT. §§ 25-14- and is intended to be calendar year: (effective 203(16) (2021) ingested or inhaled by 30% of Vending machine sales of July 1, (definition of or applied to the skin of manufacturer’s nicotine products limited to 2021); 39- “smoking”), and an individual; or (II) list price in 2021; age-restricted areas of 28.6-105 prohibited in [a]ny device that can be 35% of licensed gaming (2021) indoor areas, used to deliver tobacco manufacturer’s establishments. COLO. REV. (distributor) including places or nicotine to the list price in 2022; STAT. § 44-7-103(2) (2021) of employment, person inhaling from 50% of common areas of the device, including an manufacturer’s Retailers may not allow retirement and electronic cigarette, list price in 2023; employees under the age of public housing, cigar, cigarillo or pipe.” 56% of 18 to participate in the sale of day care

18 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 COLO. REV. STAT. § manufacturer’s nicotine products. COLO. facilities, health 18-13-121(5)(a) (2021) list price in 2024 REV. STAT. § 44-7-103(4.5) care facilities, through 2027; (2021) hotel and motel Electronic smoking and 62% of rooms. COLO. device or ESD means manufacturer’s Unless authorized by local REV. STAT. § 25- “any product…that list price in 2027. license, no new license will 14-204(1) (2021) contains or delivers COLO. REV. be issued after July 1, 2021 nicotine or any other STAT. § 39-28.6- to a nicotine product retailer Use of tobacco substance intended for 103(1) (2021) located within 500 feet of a products human consumption school. COLO. REV. STAT. § prohibited on and that can be used by 44-7-104.7(1) (2021) school property a person to enable the and vehicles, inhalation of vapor or A retailer may not advertise including those aerosol from the an electronic smoking device of day care, early product [including] an product in a manner that is learning and K- e-cigarette, e-cigar, e- visible from outside the retail 12 schools. pipe, e-hookah, or vape location. COLO. REV. STAT. § COLO. REV. pen or [any other 44-7-104.7(2) (2021) STAT. § 25-14- similar device with a 103.5 (2021) different product Delivery sales of nicotine name].” COLO. REV. products may only be made Smoking/vaping STAT. § 25-14-203(4.5) after verifying the person by driver’s (2021) receiving the delivery is 21 license applicants years of age or older through and testers Tax valid government-issued prohibited during photographic identification. drive test. 1 Nicotine product means COLO. REV. STAT. § 44-7- COLO. CODE “a product that contains 104.7(3)(b)(I)(C) (2021) REGS. § 204- nicotine derived from 30:8-401(p) tobacco or created (2021)

19 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 synthetically that is intended for human Assisted living consumption, whether residences’ house by vaporizing, rules must chewing, smoking, address use of absorbing, dissolving, electronic inhaling, snorting, cigarettes and sniffing, aerosolizing, vaporizers. 6 or by any other means, COLO. CODE and that is not [a] REGS. § 1011- cigarette; [t]obacco 1:7-13.4(A) products . . .” COLO. (2021) REV. STAT. § 39-28.6- 102(7) (2021) Use of electronic nicotine delivery systems prohibited in foster care homes while child is in placement. 12 COLO. CODE REGS. § 2509- 8:7.708.21(I)(1) (2021) Connecticut No. Youth Access and Use Electronic N/A Sale/delivery of electronic Yes, Use of electronic Restrictions cigarette nicotine delivery system or retailers and nicotine delivery products prefilled vapor product to persons manufacture system or vapor Electronic nicotine and sealed by under age 21 prohibited. rs must be product delivery system means manufacturer and CONN. GEN. STAT. § 53- registered. prohibited in any “an electronic device not intended to 344b(b) (2021) state building,

20 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 used in the delivery of be refillable are CONN. GEN. health care nicotine or other taxed at $0.40/ml Self-service displays STAT. §§ institution, retail substances to a person of electronic prohibited for electronic 21a-415(b); food store, inhaling from the cigarette liquid; nicotine delivery systems or 21a-415a(a) restaurant, liquor device, and includes, other electronic vapor products except in (2021) store, bar (except but is not limited to, an cigarette adult-only facilities. CONN. smoking sections electronic cigarette, products taxed at GEN. STAT. § 21a-416(a) of outdoor electronic cigar, 10% of (2021) seating areas), electronic cigarillo, wholesale price. school buildings electronic pipe or CONN. GEN. Delivery sales must be made and grounds, electronic hookah and STAT. §§ 12- only to age-verified child care any related device and 330ee(b)(1)(A)- consumers and include a facilities and any cartridge or other (B) (2021) shipping label on all grounds thereof, component of such containers that states: elevators, college device, including, but “CONTAINS AN dormitories, race not limited to, ELECTRONIC NICOTINE tracks, and in electronic cigarette DELIVERY SYSTEM OR 75% or more of liquid." CONN. GEN. VAPOR PRODUCT— hotel/motel STAT. § 21a-415(6) SIGNATURE OF A rooms (with (2021) PERSON AGE 21 OR some OLDER REQUIRED FOR exceptions). Liquid nicotine DELIVERY.” CONN. GEN. CONN. GEN. container means “a STAT. § 21a-418(b) (2021) STAT. §§ 19a- container that holds a 342a(b)-(c) liquid substance (2021) containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or

21 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 vapor product, except ‘liquid nicotine container’ does not include such a container that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” CONN. GEN. STAT. § 19a-342a (a)(3) (2021)

Vapor product means “any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine and is inhaled by the user of such product…” CONN. GEN. STAT. § 21a-415(a)(7) (2021)

22 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Electronic cigarette liquid means “a liquid, that when used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product.” CONN. GEN. STAT. § 21a- 415(a)(5) (2021) Delaware Yes. DEL. Sale Restrictions Vapor products N/A Sale/distribution of tobacco No. Use of electronic CODE taxed at a rate of substitutes or coupons for Although a smoking devices ANN. tit. Tobacco substitute $ 0.05 cents per tobacco substitutes to persons license is included in 30 § means “an electronic fluid ml. DEL. under age 21 prohibited. required to definition of 5301(15) smoking device CODE ANN. tit. DEL. CODE ANN. tit. 11 §§ sell e-liquid, “smoking” and (2021) employing a 30 § 5305(c)(2) 1116(a); 1118(a) (2021) no license is prohibited in mechanical heating (2021) required to same places element, battery, or Self-service displays/vending sell e- smoking is circuit to produce machine sales of tobacco cigarette prohibited, aerosol or vapor for substitutes prohibited in devices. including public inhalation into the body places accessible to persons DEL. CODE indoor places of an individual [and under age 21. DEL. CODE ANN. tit. 30 (such as includes] liquid used in ANN. tit. 11 § 1119 (2021) § 5301(15) workplaces, [an electronic smoking (definition schools, most device whether it of tobacco hotel rooms, and

23 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 contains nicotine or Marketing or advertising product); mass transit, with not].” DEL. CODE ANN. tobacco substitutes on online DEL. CODE some tit. 11 § 1115(11) or mobile applications ANN. tit. 30 exemptions). (2021) directed to children is § 5301(20) DEL. CODE ANN. prohibited. DEL. CODE ANN. (definition tit. 16 §§ Use Restrictions tit. 6 §§ 1204C(e), (f)(3) of vapor 2902(12) (2021) product); (definition of Electronic smoking DEL. CODE smoking); 2903; device means “any Delivery sales of tobacco ANN. tit. 30 2908 (2021) product containing or substitutes require copy of § 5307 delivering nicotine or valid government (2021) “Vaping” any other similar identification and an prohibited at substance intended for attestation from the purchaser licensed Family human consumption stating the identification is Child Care that can be used by a true and the consumer Homes. 934-29 person to simulate understands the minimum DEL. ADMIN smoking through legal sales age, delivery to CODE § 29.16 inhalation of vapor or the address on the (2021) aerosol from the identification, and is paid for product [including] any with a credit or debit card “Vaping” such device, whether issued in the consumer’s prohibited in manufactured, name. Additionally, the foster homes and distributed, marketed, package must include a in any vehicle or sold as an e- notice stating that tobacco used to transport cigarette, e-cigar, e- substitute sales to consumers children. 936- pipe, e-hookah, or vape under age 21 are illegal. 40.0 DEL. pen, or under any other Persons engaging in delivery ADMIN. CODE § product name or sales must register such sales 40.1.13 (2021) descriptor.” DEL. CODE with the Department of

24 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 ANN. tit. 16 § 2902(3) Finance. DEL. CODE ANN. tit. (2021) 30 §§ 5363; 5366 (2021)

Taxation & Licensing

Electronic smoking device means “a nonlighted, noncombustible device that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine for inhalation into the body of an individual [including] a device that is manufactured, distributed, marketed, or sold as an e- cigarette, e-cigar, e- pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.” DEL. CODE ANN. tit. 30 § 5301(7) (2021)

25 U.S. E-Cigarette Regulation: A 50-State Review

Tobacco products means “all products made primarily from tobacco for individual consumption, including cigarettes, cigars, pipe tobacco, and vapor products.” DEL. CODE ANN. tit. 30 § 5301(15) (2021)

Vapor product means “any nicotine liquid solution or other material containing nicotine that is intended to be used with or in an electronic smoking device.” DEL. CODE ANN. tit. 30 § 5301(20) (2021) District of Yes. Tax and Youth Access Vapor products N/A Sale of electronic smoking Yes. Use of electronic Columbia D.C. CODE taxed at 91% of devices to persons under age D.C. CODE smoking devices §§ 47- Vapor product means wholesale price. 21 is prohibited. D.C. CODE § 47- included in 2401(5A); “(A) [a]ny non- D.C. CODE § 47- § 7-1721.02(a) (2021) 2404(a) definition of 7-1702(8); lighting, 2402.01(a)(1)(C) (2021) “smoking” and 7-1721.01 noncombustible (2020); FACTS & Purchase/possession of prohibited in (2021) product that employs a FIGURES: HOW electronic smoking devices same spaces mechanical heating DOES YOUR by persons under age 21 where smoking

26 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 element, battery, or STATE prohibited. D.C. CODE § 7- prohibited, electronic circuit, COMPARE? 2021, 1721.03(a)(1) (2021) including in regardless of shape or TAX FOUND. 41 workplaces and size, that can be used to (Table 26). Self-service sales of certain public produce aerosol from electronic smoking devices places (such as nicotine in a solution; prohibited, except in tobacco enclosed public or (B) [a]ny vapor specialty stores. D.C. CODE spaces, cartridge or other §§ 7-1721.04(a); (b)(2) playgrounds, bus container of nicotine in (2021) stops and a solution or other form sporting events), that is intended to be Vending machine sales of with some used with or in an electronic smoking devices exceptions. D.C. electronic cigarette, restricted to establishments CODE §§ 7- electronic cigar, inaccessible to persons under 1702(7); 7- electronic cigarillo, age 21 and taverns, 741.01(4) electronic pipe, or nightclubs, and restaurants (definitions of similar product or licensed to serve alcohol. smoking); 7- device.” D.C. CODE § D.C. CODE §§ 7- 741.02; 7-1703; 47-2401(9A) (2021) 1721.04(b)(1); 47-2404(b)(3) 7-1708 (2021) (2021) Other tobacco product Use of electronic includes vapor product Distribution of free electronic smoking devices and “any product smoking devices prohibited prohibited in containing, made from, on public streets, sidewalks, indoor common or derived from parks, playgrounds, areas and tobacco, other than a buildings, or other public outdoors within cigarette or premium property, or private property 25 feet of cigar, that is intended open to the public (except at entrances and or expected to be a tobacco specialty store, or windows of adult-only conference or multifamily

27 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 consumed.” D.C. CODE convention, so long as none rental § 47-2401(5A) (2021) are given to persons under accommodations age 21). D.C. CODE § 7- (unless housing Youth Access and Use 1731(a) (2021) provider Restrictions designates an indoor smoking Electronic smoking area). D.C. CODE device means “any § 42-3509.09(a) product, including one (2021) composed of a heating element, battery, or Use of electronic electronic circuit, that cigarettes on contains or delivers streetcar or nicotine or any other streetcar platform substance intended for prohibited. D.C. human consumption MUN. REGS. tit. that can be used by a 18, § 1605.2(c) person to simulate (2021) smoking through inhalation of vapor or Use of electronic aerosol from the cigarettes product [including] any prohibited on such product regardless library property. of whether it is D.C. MUN. REGS. manufactured, tit. 19, § 810.6 distributed, marketed, (c)(5) (2021) or sold as an e- cigarette, e-cigar, e- Use of e- pipe, e-hookah, vape cigarettes pen, or by any other prohibited in

28 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 product name or cottage food descriptor.” D.C. CODE business during § 7-741.01(1) (2021) operations. D.C. MUN. REGS. tit. Tobacco product 25, § 109.1(d) means “any product (2021) that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device … [and including] any component or accessory used in the consumption of a tobacco product, such as filters, rolling

29 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 papers, pipes, or liquids used in electronic smoking devices.” D.C. CODE §§ 7-1702(8); 7- 1721.01(1) (2021) Florida No. Youth Access N/A N/A Sale/distribution of nicotine Yes. FLA. Use of vapor- dispensing devices or STAT. §§ generating Nicotine dispensing nicotine products to persons 569.32(1)(a) electronic device means “any under age 21 (unless active ; 569.34(1) devices are product that employs duty military member) (2021) prohibited in an electronic, chemical, prohibited. FLA. STAT. § (effective enclosed indoor or mechanical means to 569.41(1) (2021) (Increased October 1, workplaces, produce vapor or MLSA effective October 1, 2021) except private aerosol from a nicotine 2021) residences when product, including, but not in use as not limited to, an Possession of nicotine child, adult or electronic cigarette, dispensing devices or health care electronic cigar, nicotine products by persons facilities, with electronic cigarillo, under age 21 (unless active some exceptions. electronic pipe, or other duty military member) FLA. CONST. Art. similar device or prohibited. FLA. STAT. § X, § 20(a)-(b) product, any 569.42(1) (2021) (Increased (2021); FLA. replacement cartridge MLSA effective October 1, STAT. § 386.204 for such device, and 2021) (2021) any other container of nicotine in a solution or Self-service displays of Vaping by other form intended to nicotine products or nicotine persons under 21 be used with or within dispensing devices prohibited years of age in, an electronic cigarette, in places accessible to on, or within electronic cigar, persons under 21 years 1000 feet of a

30 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigarillo, (unless active duty military school between electronic pipe, or other member) except sales made 6am and similar device or while in direct control or line midnight. FLA. product.” FLA. STAT. § of sight of dealer or through STAT. § 386.212 569.31(3) (2021) vending machine with (2021) (increased lockout device controlled by age effective Nicotine product means retailer. FLA. STAT. § 569.37 October 1, 2021) “any product that (2021) (Increased MLSA contains nicotine, effective October 1, 2021) Use of electronic including liquid cigarettes and nicotine, which is Delivery sales of nicotine nicotine intended for human products require certification dispensing consumption, whether from consumer, verification devices in inhaled, chewed, of certification by retailer, courthouses of absorbed, dissolved, or notification to consumer of Sixth Judicial ingested by any means, purchase age restriction, Circuit and ]but] does not include confirmation of shipment to within 50 feet of a: (1) Tobacco product, consumer by telephone and entrances thereto as defined in § 569.002 use of a delivery service that prohibited. [or a] product that will verify the age of person ADMIN. ORDER contains incidental accepting delivery. Internet NO. 2015-008 nicotine.” FLA. STAT. § sales require advanced credit PA/PI-CIR 569.31(4) (2021) card payment by consumer. (2021) FLA. STAT. § 569.45 (2021) Use Restrictions (effective October 1, 2021) Use of electronic cigarettes Vapor-generating prohibited in all electronic device firefighter means “any product employee places that employs an of employment.

31 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic, a chemical, FLA. ADMIN. or a mechanical means CODE ANN. r. capable of producing 69A-62.024(6) vapor or aerosol from a (2021) nicotine product or any other substance, E-cigarette use including, but not prohibited in limited to, an electronic licensed out-of- cigarette, electronic home cargiver cigar, electronic homes and cigarillo, electronic vehicles (when pipe, or other similar children present). device or product, any FLA. ADMIN. replacement cartridge CODE ANN. r. for such device, and 65C- any other container of a 45.003(3)(f)(4)(g solution or other )(I); 65C- substance intended to 45.010(2)(e)(10) be used with or within (2021) [such a device].” FLA. CONST. Art. X, § 20(9) Vapor-generating (2021); FLA. STAT. § electronic 386.203(15) (2021) devices prohibited in certain detention facilities. FLA. STAT. §§ 916.1085(1)(a)(5 ); 944.47(1)(a)(7);

32 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 951.22(1)(l); 985.711(1)(a)(6) (2021) Georgia No. Youth Access Consumable N/A Sale of vapor products to Yes. GA. Use of electronic vapor products in persons under age 21 CODE ANN. devices that Vapor product means a closed system prohibited. GA. CODE ANN. § § 48-11-4(a) simulate tobacco “any noncombustible taxed at rate of 16-12-171(a)(1)(A) (2021) (2021) smoking product containing $0.05 per fluid prohibited by nicotine that employs a milliliter. GA. Distribution of free vapor food service heating element, power CODE ANN. § 48- products on public property, employees at source, electronic 11-2(a)(5) (2021) within 500 feet of work (except in circuit, or other playground or school, or to designated electronic, chemical, or Consumable persons under the age 21 areas). GA. mechanical means, vapor products in prohibited. GA. CODE ANN. COMP. R. & regardless of shape or an open system § 16-12-174 (2021) REGS. 511-6-1- size, that can be used to and Vapor .03(5)(j)(1) produce vapor or devices that Purchase/possession/receipt (2021) aerosol from nicotine contain any of vapor products by persons or other substances in a consumable under age 21 prohibited. GA. Knowing use of solution or other form vapor product at CODE ANN. §§ 16-12- vapor products [including] any the time of sale 171(b)(1)(A); 16-12-174(d) within a school electronic cigarette, and which are (2021) safety zone electronic cigar, not designed or prohibited. GA. electronic cigarillo, intended to be Vending machine sales of CODE ANN. § 16- electronic pipe, or reused or refilled vapor products restricted to 12-171(c)(1) similar product or taxed at rate of locations not readily (2021) device and any vapor 7% total accessible to persons under or aerosol cartridge or wholesale cost age 21 (excepting machines other container of price, exclusive under direct supervision of nicotine or other of any trade, employee or located at

33 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 substance in a solution cash, or other highway rest areas). GA. or other form, discounts or any CODE ANN. § 16-12- [including] a device promotion, 173(e)(1) (2021) component, part, or advertising, accessory of the device, display, or Sales of vapor products to that is intended to be similar anyone other than a licensed used with or in an allowances. GA. manufacturer, importer, electronic cigarette, CODE ANN. §§ distributor or dealer of vapor electronic cigar, 48-11-2(a)(6), (7) products must be made in in- electronic cigarillo, (2021) person, face-to-face sale. GA. electronic pipe, or CODE ANN. § 48-11-4.1 similar product or (2021) device.” GA. CODE ANN. § 16-12-170(9) Delivery sales must be made (2021) by someone at least 21 years of age after a background Tax check, to a person who is in person to receive it and is at Closed system means least 21 years of age. GA. “any disposable CODE ANN. § 48-11-4.2(a) container which is (2021) prefilled and sealed by the manufacturer, not easily refillable or intended or designed to be refillable, and intended or used to dispense consumable vapor products by way of a vapor device that is

34 U.S. E-Cigarette Regulation: A 50-State Review

Consumable vapor product means “any liquid solution, whether it contains nicotine or not, that is intended to be heated into an aerosol state and inhaled by an individual [including] e-liquid, e-juice, vape juice, and cartridges that are prefilled with such a solution…” GA. CODE ANN. § 48-11- 1(17) (2021)

Open system means “any method or manner used to contain a consumable vapor product that is not a closed system.” GA. CODE ANN. § 48-11- 1(32) (2021)

35 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Vapor device means “any system or device developed or intended to deliver a consumable vapor product to an individual who inhales from the device [including] an electronic nicotine delivery system, an electronic cigarette, electronic cigar, electronic pipe, vape pen, vape tool, or electronic hookah.” GA. CODE ANN. § 48- 11-1(39) (2021)

Vapor product means “any consumable vapor product or vapor device.” GA. CODE ANN. § 48-11-1(40) (2021)

Hawaii Yes. Youth Access and Use N/A N/A Sale/distribution of electronic Yes. HAW. Use of electronic HAW. REV. smoking devices to persons REV. STAT. smoking devices STAT. §§ Electronic smoking under age 21 prohibited. § 28-164 included in 323F- device means “any HAW. REV. STAT. §§ 712- (2021) definition of

36 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 34(d); 321- electronic product that 1258(1); 245-17(a) (2021) (registration smoking and 211; 328J- can be used to (delivery sales) ) prohibited in 1; 712- aerosolize and deliver same places 1258(7); nicotine or other Purchase/possession of smoking is 304A- substances to the electronic smoking device by prohibited, 122(c) person inhaling from person under age 21 including (2021) the device, including, prohibited. HAW. REV. STAT. enclosed or but not limited to, an § 712-1258(5) (2021) partially enclosed electronic cigarette, places that are: electronic cigar, Possession or use of owned, leased, or electronic cigarillo, electronic smoking device by operated by the electronic pipe, hookah person under age 21 in public state or counties, pipe, or hookah pen, prohibited. HAW. REV. STAT. open to the and any cartridge or § 321-212 (2021) public, places of other component of the employment, device or related Distribution of samples of sports product.” HAW. REV. electronic smoking devices arenas/stadiums, STAT. §§ 323F-34(d) on public property or within and within 20 (use at Hawaii Health 1000 feet of a school is feet of entrances Systems Corp.); 321- prohibited. HAW. REV. STAT. and exits to such 211 (youth § 328J-17(a) (2021) places (with possession/use); some 328J-1 (use restriction); Face-to-face sales of exceptions). 712-1258(7) (youth electronic smoking devices HAW. REV. STAT. access); 245-17(f) required (i.e., no self-service §§ 328J-1 (delivery sale); 28-162 displays or vending sales) (definition of (registration); 304A- except in duty-free facilities smoking); 328J- 122(c) (2021) (use on and adult-only tobacco 2–328J-7 (2021) University of Hawaii businesses. HAW. REV. STAT. property) § 328J-18 (2021)

37 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Use of electronic Tobacco product Delivery sales of electronic smoking devices means “tobacco in any smoking devices require prohibited in form, including an third-party age verification, state parks. HAW. electronic smoking copy of government issued REV. STAT. § device, cigarettes, identification or age and 184-4.5(a) (2021) cigars, snuff, and signature verification in chewing tobacco, that shipment process upon and Use of vapor is prepared or intended before actual delivery. HAW. cigarettes or e- for consumption by, or REV. STAT. § 245-17(b) cigarettes in the personal use of, (2021) parks. HAW. humans.” HAW. REV. CODE R. § 15- STAT. § 321-211 210-13(a)(25) (2021) (youth (2021) possession/use) Use of electronic Tobacco product smoking devices means “any product prohibited on made or derived from indoor and tobacco that contains outdoor areas of nicotine or other Hawaii Health substances, and is Systems intended for human Corporation consumption or is property. HAW. likely to be consumed, REV. STAT. § whether smoked, 323F-34(a) heated, chewed, (2021) absorbed, dissolved, inhaled, or ingested by Use of electronic any other means, smoking devices

38 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 including, but not prohibited on limited to, a cigarette, University of cigar, pipe tobacco, Hawaii property. chewing tobacco, snuff, HAW. REV. STAT. snus, or an electronic § 304A-122(a) smoking device.” HAW. (2021) REV. STAT. §§ 304A- 122(c) (use on University of Hawaii property); 323F-34(d) (use at Hawaii Health Systems Corp.); 328J-1 (use restriction); 712- 1258 (2021) (youth access)

Use in State Parks

Electronic smoking device means “any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar,

39 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.” HAW. REV. STAT. § 184-4.5(c) (2021) Idaho Yes. Tobacco product or N/A Electronic Sale/distribution of electronic Yes. IDAHO Vaping IDAHO electronic smoking smoking smoking devices to persons CODE ANN. prohibited in CODE device means “(i) [a]ny devices must be under age 18 prohibited. §§ 39- interior of State ANN. § 39- substance containing, sold in IDAHO CODE ANN. §§ 39- 5704(1) (all Capitol and 5702(13) made of, or derived manufacturers 5705(1); 39-5714(1) (2021) retail sales); restricted to (2021) from tobacco or sealed package 39-5718(1) designated areas nicotine that is intended with all Delivery sale of electronic (2021) in exterior. for human consumption required smoking devices require age (delivery IDAHO ADMIN. or is likely to be warnings. verification (through sales) CODE r. consumed, whether IDAHO CODE credit/debit card verification 38.04.08.309 inhaled, absorbed, or ANN. § 39- of name and age) that (2021) ingested by any other 5707(1) (2021) purchaser is 18 years or means, including but older. IDAHO CODE ANN. § not limited to 39-5715 (2021) cigarettes, cigars, pipes, snuff, smoking or Possession/purchase/distribut chewing tobacco, snus, ion/use of electronic smoking tobacco papers, or device by persons under age smokeless tobacco; (ii) 18 prohibited, except [a]ny electronic possession during course of smoking device that employment to stock shelves may be used to deliver or carry products to

40 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 an aerosolized or a customer’s vehicles. IDAHO vaporized substance to CODE ANN. § 39-5703(1), the person inahaling (2), (5) (2021) from the device, including but not Vending machine sales and limited to an electronic self-service displays of cigarette, an electronic electronic smoking devices cigar, an electronic restricted to adult-only pipe, a vape pen, or an tobacco stores. IDAHO CODE electronic hookah, or ANN. § 39-5706 (2021) any component, part, or accessory of such a Shipment of electronic device, or any smoking devices must substance intended to include statement re: be aerosolized or prohibition on shipping to vaporized during use of individuals under age 18. the device, whether or IDAHO CODE ANN. § 39- not the substance 5717 (2021) contains nicotine, or any heated or lighted Sale or distribution of device intended to be electronic smoking devices used for inhalation; or for free or below cost to (iii) [a]ny components, members of the public in parts, or accessories of public places or events a tobacco prodict or an prohibited. IDAHO CODE electronic smoking ANN. § 39-5707(2) (2021) device, whether or not they contain tobacco or nicotine, including but not limited to filters,

41 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 rolling papers, blunt or hemp wraps, and pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic hookah, or vape pen, or under any other product name or descriptor.” IDAHO CODE ANN. § 39-5702(13) (2021)

Illinois Yes. 35 Sales restrictions Electronic Electronic Sale/distribution of electronic Yes. 35 ILL. Use of products ILL. COMP. cigarettes taxed cigarette liquids cigarettes to persons under COMP. containing STAT. Electronic cigarette at rate of 15% of may only be age 21 prohibited. 720 ILL. STAT. nicotine 143/10-5 means “(1) any device wholesale price. sold in child- COMP. STAT. 675/1(a) (2021) 143/10-21 prohibited in (2021) that employs a battery 35 ILL. COMP. resistant (2021) places smoking or other mechanism to STAT. 143/10- packaging, Purchase of electronic prohibited on heat a solution or 10(a) (2021) excluding e- cigarette by persons under public higher substance to produce a cigarette age 21 prohibited. 720 ILL. education vapor or aerosol products sold in COMP. STAT.675/1(a) (2021) campuses. 110 intended for inhalation; “sealed, pre- ILL. COMP. STAT. (2) any cartridge or filled, or Self-service display of 64/10 (definition container of a solution disposable electronic cigarettes of “smoking”) or substance intended replacement restricted to adult-only and 64/15(a) to be used with or in cartridges.” 430 tobacco stores. 720 ILL. (2021) the device or to refill ILL. COMP. COMP. STAT. 677/10 (2021) the device; or (3) any

42 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 solution or substance, STAT. 40/10 Vending sales of electronic Vaping or use of whether or not it (2021) cigarettes restricted to adult- electronic contains nicotine only facilities. 720 ILL. cigarettes intended for use in the COMP. STAT. 675/1(b) (2021) prohibited in any device… [including] building or any electronic nicotine Remote sales of electronic structure in the delivery system, cigarettes require third party Capitol Complex. electronic cigar, age verification. 720 ILL. ILL. ADMIN. electronic cigarillo, COMP. STAT. 675/1(a-5.1)(2) CODE tit. 71, § electronic pipe, (2021) 2005.40(m) electronic hookah, vape (2021) pen, or similar product or device, and any components or parts that can be used to build the product or device.” 720 ILL. COMP. STAT. 675/1(a- 9) (2021)

Packaging restrictions

Electronic cigarette or E-cigarette means “a battery-operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof

43 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 that are turned into vapor which is inhaled by the user.” 430 ILL. COMP. STAT. 40/2.10 (2021)

Tax and Retail License

Electronic cigarette means “(1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation, except for … any device designed solely for use with cannabis …or…contains a solution or substance…subject to [applicable cannabis tax]; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device, except for any catridge

44 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 or container of solution or substance that contains cannabis subject to [applicable cannabis tax]; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device, except for any solution or substance that contains cannabis subject to [applicable cannabis tax]… [including] any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.” 35 ILL. COMP. STAT. 143/10-5 (2021)

45 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Tobacco products means “any cigars, including little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff (including moist snuff) or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but does not include cigarettes as defined in Section 1 of the Cigarette Tax Act or tobacco [intended for the manufacture of

46 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarettes]....Beginning on July 1, 2019, ‘tobacco products’ also includes electronic cigarettes.” 35 ILL. STAT. COMP. 143/10-5 (2021) Indiana Yes. Sales and packaging Consumable Nicotine Sale/distribution of electronic Yes. N/A IND. CODE restrictions material and liquids/gels cigarettes to persons under IND. CODE § 7.1-1-3- vapor products must be sold in age 21 prohibited. IND. CODE §§ 7.1-3- 47.5(b) Electronic cigarette taxed at rate of child-resistant §§ 35-46-1-10(b); 35-46-1- 18.5-1; 7.1- (2021) means “a device that is 15% of gross packaging 10.2(b) (2021) 7-5-1.1(a); capable of providing an retail income (except 6-7-4-10(a) inhalable dose of received by the prefilled Sale of e-liquids to persons (2021) nicotine by delivering a retail dealer for containers not under age 21 prohibited. IND. vaporized the sale. IND. intended to be CODE §§ 7.1-7-5.5-1; 7.1-7- solution…[and] CODE § 6-7-4- opened by 6-5; 7.1-7-6-2.1; 35-46-1- includes the 9(b) (2021) consumer). 10(b); 35-46-1-10.2(b) components and (effective July 1, IND. CODE § (2021) cartridges.” IND. CODE 2022) 24-3-7-7 (2021) §§ 35-46-1-1.5; 24-3-7- Possession/purchase of an 4 (2021) Closed system Manufacturers electronic cigarette or e- cartridges taxed must use e- liquid by persons under age Electronic delivery at rate of 25% of liquid 21 prohibited. IND. CODE § device means “any the wholesale containers with 35-46-1-10.5(a) (2021) product that: (1) price. IND. CODE tamper evident contains or delivers § 6-7-2-7.5 packaging, a Self-service displays and nicotine, lobelia, or any (2021) (effective child-resistant vending machine sales of other substance July 1, 2022) cap, among electronic cigarettes intended for human other restricted to tobacco/vape

47 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 consumption; and (2) requirements. shops and places inaccessible can be used by a person IND. CODE § to persons under age 21. IND. to simulate smoking in 7.1-7-4-6(b) CODE §§ 35-46-1-11.8; 35- the delivery of nicotine, (2021) 46-1-11.5(c) (2021) lobelia, or any other substance through “[S]elf-service sale[s]” of e- inhalation of vapor liquids prohibited. IND. CODE from the product...[and] § 7.1-7-5-1.1(d) (2020) includes any component Manufacturers, distributors, part...whether or not and retailers prohibited from the component part is marketing e-liquid as a marketed or sold modified risk product. separately.” IND. CODE IND. CODE § 7.1-7-5-1.1(i) § 24-3-7-5 (2021) (2021)

Nicotine liquid Manufacture (including container means “a mixing, bottling, and bottle or other packaging) and sale of e- container that: (1) liquids restricted to persons contains a nicotine with proper permits. IND. liquid or other CODE § 7.1-7-4-1(a) (2021) substance containing nicotine; and (2) is Retailers prohibited from sold, marketed or selling e-liquids with more intended for use with than 75 mg/ml of nicotine. an electronic cigarette IND. CODE § 7.1-7-5-1.1(e) or other electronic (2021) delivery device [but does not include such

48 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 container if it is] “[Retailers] who ship[] e- prefilled and sealed by liquids from a delivery sale the manufacturer [and] order shall include as part of not intended to be the shipping documents a opened by the document with the following consumer.” IND. CODE statement: ‘E-LIQUIDS: § 24-3-7-6 (2021) Indiana law prohibits the sale of this product to a person E-liquid manufacture who is less than 21 years of and sales restrictions age.’” IND. CODE § 7.1-7-5.5- 5 (2021) E-liquid means “a substance that: (1) may Delivery sales of e-liquids or may not contain must be prepaid by nicotine; and (2) is purchaser, shipped only to intended to be purchaser, and only after vaporized and inhaled good faith effort to ascertain using a vapor product.” age. IND. CODE §§ 7.1-7-5.5- IND. CODE § 7.1-7-2-10 3; 7.1-7-5.5-2 (2021) (2021) Sale of e-liquid or electronic Tobacco product cigarettes containing vitamin means “a product that: E acetate is prohibited. IND. (1) contains tobacco, CODE § 35-46-1-11.9 (2021) including e-liquid...that contains nicotine; and A specialty e-cigarette/e- (2) is intended for liquid store cannot be located human consumption.” within 1,000 feet of a school IND. CODE § 7.1-1-3- (applies to new businesses as 47.5(b) (2020)

49 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 of July 1, 2020). IND. CODE § Vapor product means 35-46-1-11.4 (2021) “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.” IND. CODE § 7.1-7-2-23 (2021)

Tax

Closed system cartridge means “a sealed, prefilled, and disposable container of consumable material in which the container is inserted directly into a vapor product, and is not intended to be opened or accessible through customary or reasonably foreseeable handling or use.” IND. CODE § 6-7-2-0.5 (2021)

Consumable material means “any liquid solution or other material used in an

50 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 open system container that is depleted as the vapor product is used. The term does not include closed system catridges…” IND. CODE §§ 6-7-2-0.7; 6-7-4-2 (2021) (effective July 1, 2022)

Open system container means “all containers of consumable material for intended use in a vapor product for which the container is intended to be refillable. The term does not include closed system catridges…” IND. CODE § 6-7-4-5 (2021) (effective July 1, 2022)

Vapor product means “(1) A device, such as an electronic cigarette, that employs a mechanical heating element, battery, or

51 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic circuit, regardless of shape or size, that can be used to produce vapor from consumable material that may or may not be sold with the device [or] (2) Any open system container of a consumable material in a solution or other form that is intended to be used with or in a device described in subdivision (1) [or] (3) Disposable vapor product devices that are attached to a closed system cartridge and intended for single use…The term…does not include closed system catridges…” IND. CODE § 6-7-4-8 (2021) (effective July 1, 2022) Iowa No. Vapor product means N/A N/A Sale/distribution of vapor Yes. Use of electronic “any noncombustible products to anyone under age IOWA CODE cigarettes product, which may or 21 prohibited. IOWA CODE ANN. §§ prohibited on may not contain ANN. § 453A.2(1) (2021) 453A.47A(1 state-operated

52 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 nicotine, that employs a ); and owned heating element, power Possession/purchase/use of 453A.13(1); buildings and source, electronic vapor products by persons 453A.36 outdoor grounds circuit, or other under age 21 prohibited. (7)(a) used in electronic, chemical, or IOWA CODE ANN. § (2021) connection with mechanical means, 453A.2(2) (2021) the building, regardless of shape or except in size, that can be used to No distribution of free vapor privately-owned produce vapor from a products to persons under buildings located solution or other age 21 or within 500 feet of on Capitol substance...[including] places when primarily in use Complex an electronic cigarette, by minors. IOWA CODE ANN. property. IOWA electronic cigar, § 453A.39(2)(b) (2021) STATE electronic cigarillo, EMPLOYEE electronic pipe, or Self-service displays of vapor POLICY similar product or products restricted to (Appendix E) device, and any locations inaccessible to (October 2018) cartridge or other persons under age 21. IOWA container of a solution CODE ANN. § 453A.36A(1) Use of electronic or other substance, (2021) smoking devices which may or may not prohibited by contain nicotine, that is Vending machine sales of regulation on intended to be used vapor products restricted to campus of Iowa with or in an electronic locations inaccessible to State University. cigarette, electronic persons under age 21. IOWA IOWA ADMIN. cigar, electronic CODE ANN. § 453A.36(6) CODE r. 681- cigarillo, electronic (2021) 13.17(262) pipe, or similar product (2021) or device.” IOWA CODE Retailers making delivery sale of vapor products must

53 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 ANN. § 453A.1(29) use method that requires Use of electronic (2021) signature of person at least cigarettes 21 years of age before prohibited by package is released. IOWA regulation on CODE ANN. § 453A.47B(2) University of (2021) Iowa campus. IOWA ADMIN. CODE r. 681- 12.6(262) (2021)

Vaping prohibited in foster home and any vehicle when foster child is present. IOWA ADMIN. CODE r. 441- 113.5(237)(6)(g) (2021) Kansas No. Electronic cigarette Privilege tax for N/A Sale/distribution of electronic Yes, both N/A means “a battery- sale or dealing of cigarettes to persons under retailers and powered device, electronic age 18 prohibited. KAN. vending whether or not such cigarettes “at the STAT. ANN. § 79-3321(l) machine device is shaped like a rate of $0.05 per (2021) distributors. cigarette, that can milliliter of KAN. STAT. provide inhaled doses consumable Purchase/possession of ANN. § 79- of nicotine by material.” KAN. electronic cigarettes by 3303(a) delivering a vaporized STAT. ANN. § 79- person under age 18 (2021) solution by means of 3399(a) (2021)

54 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cartridges or other prohibited. KAN. STAT. ANN. chemical delivery § 79-3321(m), (n) (2021) systems.” KAN. STAT. ANN. § 79-3301(m) Self-service displays of (2021) electronic cigarettes restricted to tobacco specialty Consumable material stores and vending machine “means any liquid inaccessible to persons under solution or other age 18 or which has a lock- material that is depleted out device. KAN. STAT. ANN. as an electronic § 79-3321(t), (u) (2021) cigarette is used.” KAN. STAT. ANN. § 79- Possession or distribution of 3399(b) (2021) electronic cigarettes prohibited at juvenile correctional facility or institution. KAN. ADMIN. REGS. § 123-2-111(a), (b)(16) (2021) Kentucky No. Youth Access Closed vapor N/A Sale/distribution of vapor No. Use of electronic cartridge taxed at products, including free cigarettes and Vapor product means $1.50 per samples, to persons under vaping devices “any noncombustible cartridge. KY. age 21 prohibited. KY. REV. prohibited on any product that employs a REG. STAT. ANN. STAT. ANN. §§ 438.310(1); and all properties heating element, § 438.313(1); 438.315(1) owned or battery, power source, 138.140(2)(a)(4) (2021) operated by the electronic circuit, or (2021) Executive other electronic, Purchase of vapor products branch, including chemical, or Open vaping by persons under age 21 buildings, land mechanical means, systems taxed at prohibited. KY. REV. STAT. and vehicles

55 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 regardless of shape or 15% of the actual ANN. §§ 438.311(1); owned, leased or size and including the price distributor 438.315(2) (2021) contracted for component parts and sells the system. state use. accessories thereto, that KY. REG. STAT. Possession/use of vapor Includes certain can be used to deliver ANN. § products by person under age health care vaporized nicotine or 138.140(2)(a)(5) 21 prohibited. KY. REV. facilities, other substances to (2021) STAT. ANN. § 438.350(1) veterans’ users inhaling from the (2021) facilities, state device....[I]ncludes but parks, is not limited to any Vending machines must be fairgrounds and device deemed to be an inaccessible to minors or in highway rest electronic nicotine line of sight of cashier. KY. areas. KY. EXEC. delivery system by the REV. STAT. ANN. § ORD. 2014-747 [FDA], any electronic 438.315(3) (2021) cigarette, electronic Use of electronic cigar, electronic cigarettes cigarillo, electronic prohibited in pipe, or similar product courtrooms and or device and every hallways of variation thereof, Hardin District regardless of whether Court. KY. R. marketed as such, and HARDIN any vapor cartridge or DISTRICT COURT, other container of a RULE 15.01 liquid solution or other (2021) material that is intended to be used Use of electronic with or in an electronic cigarettes cigarette, electronic prohibited in cigar, electronic courtrooms and

56 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarillo, electronic hallways of the pipe, or other similar Christian County product or device.” KY. Justice Center. REV. STAT. ANN. § KY. R. 438.305(9)(a) (2021) CHRISTIAN COUNTY Tax DISTRICT COURT, RULE 14.01 Closed vapor cartridge (2021) means “a pre-filled disposable cartridge The use of vapor that: (1) [i]s intended to products be used with or in a prohibited on noncombustible school property product that employs a and in school heating element vehicles and at battery, power soure, all school-related electronic circuit, or trips and other electronic, activities (except chemical, or designated mechanical means, outdoor areas at regardless of shape or secondary size, to deliver schools). KY. vaporized or REV. STAT. ANN. aerosolized nicotine, §§ 438.345; non-nicotine 438.050 (2021) substances, or other materials to users that Electronic may be inhaling from cigarettes the product such as any prohibited from

57 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigarette, underground electronic cigar, mines. KY. REV. electronic cigarillo, STAT. ANN. § electronic pipe, or other 352.170(3) similar product or (2021) device and every variation thereof, Child care regardless of whether professionals marketed as such; and prohibited from (2) [c]ontains nicotine vaping in or non-nicotine presence of a substances or other child. 922 KY. material consumed ADMIN. REGS. during the process of 2:180:5(7)(b); vaporization or 2:120:3(10) (and aerosolization.” KY. must be done REG. STAT. ANN. § outside); 138.130(4) (2021) 2:100:10(10)(b) (2021) Open vaping system means “(1) [a]ny Use of electronic noncumbustible cigarettes product that employs a prohibited at heating element, body piercing battery, power source, and tattooing electronic circuit, or workstations. 902 other electronic, KY. ADMIN. chemical, or REGS. mechanical means, 45:070:10(2)(a); regardless of shape or

58 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 size and including the 45:065:10(2)(a) component parts and (2021) accessories thereto, that uses a refillable liquid solution to deliver vaporized or aerosolized nicotine, non-nicotine substances, or other materials to users that may be inhaling from the product such as any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such; and (2) [a]ny liqid solution that is intended to be used with the product described in subparagraph 1….” KY. REG. STAT. ANN. § 138.130(10)(a) (2021)

59 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Louisiana No. Youth Access and Tax Vapor products N/A Sale/distribution of vapor Yes. Smoking or and electronic products to persons under LA. REV. carrying Vapor product means cigarettes taxed age 18 prohibited. LA. REV. STAT. ANN. electronic “any non-combustible at $0.05 per STAT. ANN. §§ 14:91.8(C); § 26:902(1) cigarettes and product containing milliliter of 26:911(A)(1); 14:91.6(A) (2021) advanced nicotine or other consumable (2021) personal substances that nicotine liquid vaporizers employs a heating solution or other Purchase of vapor product by prohibited on any element, power source, material persons under age 18 school property. electronic circuit, or containing prohibited. LA. REV. STAT. LA. REV. STAT. other electronic, nicotine that is ANN. § 14:91.8(E) (2021) ANN. §§ chemical or mechanical depleted as a 17:240(A)(2) means, regardless of vapor product is Possession of vapor product (definition of shape or size, that can used. LA. REV. by persons under age 18 smoking); be used to produce STAT. ANN. § prohibited unless 17:240(B)(2) vapor from nicotine in 47:841(F) (2021) accompanied by parent or in (2021) a solution or other a private residence. LA. REV. form...[and] includes STAT. ANN. § 14:91.8(F) Using vaping any electronic cigarette, (2021) devices in electronic cigar, vehicles electronic cigarillo, Self-service displays of vapor prohibited when electronic pipe, or products restricted to tobacco child under age similar product or businesses and vending 13 is present. LA. device and any vapor machines located in age- REV. STAT. ANN. cartridge or other restricted settings. LA. REV. § 32:300.4(A) container of nicotine in STAT. ANN. §§ 26:910; (2021) a solution or other form 26:910.1 (2021) that is intended to be used with or in an electronic cigarette,

60 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” LA. REV. STAT. ANN. §§ 14:91.8(G)(7); 14:91.6(B)(7); 47:842(20) (2021)

Youth Access

Vapor product means “any non combustible product containing nicotine or other substances 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 or other substances...[and] includes any electronic cigarette, electronic cigar, electronic

61 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarillo, electronic pipe, or similar product or device and any vapor 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.” LA. REV. STAT. ANN. § 26:901(32) (2021)

E-liquid means “a substance that does not include cannabis or CBD as defined under the laws of this state and the laws of the United States and which …[m]ay or may not contain nicotine, [i]s intended to be vaporized and inhaled using a vapor product,[and i]s a legal

62 U.S. E-Cigarette Regulation: A 50-State Review

Maine Yes. ME. Sales and Use E-cigarettes Nicotine liquid Sale/distribution of tobacco Yes. ME. Use of electronic REV. STAT. taxed as “other containers products to persons under REV. STAT. cigarettes ANN. tit. 22 Tobacco product tobacco” cannot be age 21 prohibited (unless the ANN. tit. 22 included in § 1551(3) means “any product products at rate sold/distributed person has attained 18 years § 1551-A(1) definition of (2021); that is made from or of 43% of unless child- of age as of July 1, 2018). (2021) “smoking” and ME. REV. derived from tobacco, wholesale price. resistant. ME. ME. REV. STAT. ANN. tit. 22 prohibited in STAT. or that contains ME. REV. STAT. REV. STAT. § 1555-B(2) (2021) same spaces ANN. tit. nicotine, that is ANN. tit. 36 § ANN. tit. 22 § smoking 36 § intended for human 4403(2) (2021) 1560-B(2) Employees of e-cigarette prohibited 4401(9) consumption or is (2021) retailers must be at least 17 (ME.REV STAT. (2021) likely to be consumed, years of age; if employee’s ANN. tit. 22 § whether smoked, age is between 17 and 21, he 1541(6) (2021)) heated, chewed, or she may only sell e- (definition of

63 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 absorbed, dissolved, cigarettes in presence of “smoking”); inhaled or ingested by supervisor at least 21 years including certain any other means, old. ME. REV. STAT. ANN. tit. indoor public including, but not 22 § 1555-B(1) (2021) spaces and day limited to, a cigarette, a care/babysitting cigar, a hookah, pipe Self-service displays of facilities (and tobacco, chewing tobacco products prohibited related tobacco, snuff or except for sale of tobacco transportation snus…[including] an products in multi-unit vehicles) (ME. electronic smoking packages of 10 or more units, REV. STAT. ANN. device and any in tobacco specialty stores or tit. 22 § 1542 component or in locations inaccessible to (2021)); in accessory used in the persons under age 21. ME. school buildings, consumption of a REV. STAT. ANN. tit. 22 § on school tobacco product, such 1555-B(11) (2021) grounds or buses as filters, rolling or at any school- papers, pipes and Vending machine sales of sponsored event liquids used in tobacco products restricted to (ME. REV. STAT. electronic smoking locations inaccessible to ANN. tit. 22 § devices, whether or not persons under age 21. ME. 1578-B(2) (2021) they contain nicotine.” REV. STAT. ANN. tit. 22 § certain outdoor ME. REV. STAT. ANN. 1553-A(1)(C) (2021) areas, (ME. REV. tit. 22 § 1551(3) (2021) STAT. ANN. tit. Purchase of tobacco products 22 § 1550(2) Electronic smoking by persons under age 21 (2021)); and near device means “a device prohibited. ME. REV. STAT. beaches, state used to deliver nicotine ANN. tit. 22 § 1555-B(5-A) parks, and or any other substance (2021) historic sites. intended for human (ME. REV. STAT. consumption that may ANN. tit. 22 §

64 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 be used by a person to Possession or use of tobacco 1580-E(2) simulate smoking products (including (2021)) through inhalation of electronic cigarettes) vapor or aerosol from prohibited by prisoners at Vaping and use the device [including] a Department of Corrections of electronic device manufactured, facilities. 03-201-10 ME. cigarettes distributed, marketed or CODE R. § 20.1 (2021) prohibited sold as an electronic throughout the cigarette, electronic Wells Reserve cigar, electronic pipe, except at electronic hookah or designated so-called vape pen.” smoking area in ME. REV STAT. ANN. parking lot. 94- tit. 22 § 1541(1-A) 335-1 ME. CODE (2021); ME. REV. R. § 1(G)(4) STAT. ANN. tit. 36 § (2021) 4401(2-A) (2021)

Tobacco products means “cigars; cheroots; stogies; electronic smoking devices and liquids used in electronic smoking devices whether or not they contain nicotine; periques, granulated, plug cut, crimp cut, ready rubbed and other

65 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 smoking tobacco; snuff; snuff flour; snus; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means…” ME. REV. STAT. ANN. tit. 36 § 4401(9) (2021)

Packaging Restrictions

Electronic nicotine delivery device means “any noncombustible device containing or delivering nicotine or

66 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 any other substance intended for human consumption that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means and that may be used to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.” ME. REV. STAT. ANN. tit. 22 § 1560-B(1)(B) (2021)

Nicotine liquid container means “a container used to hold a liquid, gel or other

67 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 substance containing nicotine that is sold, marketed or intended for use as or with an electronic nicotine delivery device [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” ME. REV. STAT. tit. 22 § 1560-B(1)(C) (2021) Maryland Yes. MD. Tobacco product Electronic N/A Sale/distribution of electronic Yes, license Vaping CODE means any “product smoking devices smoking devices or coupons required for prohibited on ANN., BUS. that is: (i) intended for taxed at rate of for electronic smoking shipment, Maryland Area REG. § 16- human inhalation, 12% of the retail devices to persons under age manufacture Regional 3A-01(c) absorption, ingestion, price. MD. CODE 21 years prohibited unless , Commuter (2021); smoking, heating, ANN., TAX GEN. § person is at least 18 years of distribution, (MARC) trains MD. CODE chewing, dissolving, or 11–104(j)(2) age and an active duty import or and at MDOT ANN., any other manner of (2021) member of the military. MD. sale of MTA-owned CRIM. LAW consumption that is CODE ANN., HEALTH GEN. electronic stations. MD. § 10- made of, derived from, Vaping liquid sold §§ 24-305(b), 307(b) (incl. smoking DEPT. OF 101(d) or contains: (1) in container of 5 coupons) (2021); MD. CODE devices into TRANS., MARC (2021); tobacco; or (2) ml or less is taxed ANN., CRIM. LAW §§ 10- or within TRAIN SERV. MD. CODE nicotine; or (ii) an at rate of 60% of 107(b)(2), (c)(1) (incl. State. MD. RIDER GUIDE the retail price. ANN., accessory or a coupons) (2021) CODE ANN., (2020) (P. 29) MD. CODE ANN., HEALTH component used in any BUS. GEN. § 13- manner of consumption REG.§§

68 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 1001(u) of a product described TAX GEN. § 11– Sale of flavored electronic 16.7-201, (2021); in item (i) of this 104(j)(3) (2021) smoking devices prohibited, 16.7-211(a), MD. CODE paragraph [and including disposable 16.7-213(a) ANN., includes]… electronic products (except tobacco and (2021) LOCAL smoking devices…” menthol flavor). FIELD GOV’T § 1- MD. CODE ANN., BUS. ENFORCEMENT DIV. 1201(c) REG. § 16-3A-01(c) BULLETIN TT-77 (FEB. 10, (2021) (2021); MD. CODE 2020) ANN., CRIM. LAW § 10- 101(d) (2021); MD. Vending machine sales of CODE ANN., HEALTH electronic smoking devices GEN. § 13-1001(u) prohibited unless located in (2021); MD. CODE establishment inaccessible to ANN., LOCAL GOV’T § persons under age 21. MD. 1-1201 (c) (2021) CODE ANN., BUS. REG. § 16- 3A-02 (2021) Electronic smoking device means “a device, that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device [including] an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, and vaping

69 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 liquid; and …any component, part, or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device.” MD. CODE ANN., BUS. REG. § 16.7-101(c) (2021)

Vaping liquid means “a liquid that: (1) consists of propyle glycol, vegetable glycerin, or other similar substance; (2) may or may not contain natural or artificial flavors; (3) may or may not contain nicotine; and (4) converts vapor intended for inhalation when heated in an electronic device.” MD. CODE ANN., BUS. REG. § 16.7-101(l) (2021)

70 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Massachusetts Yes. Tobacco product Electronic Liquids or gels Sale/distribution of electronic Yes. MASS. Use of electronic MASS. means “a product nicotine delivery containing smoking devices to persons GEN. LAW cigarettes GEN. LAW containing or made or systems taxed at nicotine must under age 21 prohibited. ch. 64C § included in ch. 270 § 6 derived from tobacco rate of 75% of be sold in MASS. GEN. LAW ch. 270 § 6 7E(h) definition of (a) (2021); or nicotine that is the wholesale child-resistant (b) (2021); 940 MASS. CODE (2021) “smoking” and MASS. intended for human price. MASS. package. MASS. REGS. 21.04(3) (2021) prohibited in GEN. LAW consumption, whether GEN. LAW ch. GEN. LAW ch. same spaces ch. 270 § smoke, chewed, 64C § 7E(b) 270 § 27(b) Sale/distribution of flavored smoking 28(a) absorbed, dissolved, (2021) (2021); 940 electronic nicotine delivery prohibited, (2021); inhaled, snorted, MASS. CODE systems or flavor enhancers MASS. GEN. LAW MASS. sniffed or ingested by REGS. 21.05 restricted to sales by a ch. 270 § 22(a) GEN. LAW any other means (2021) smoking bar for on site (2021) (definition ch.64C § 1 including…electronic consumption and sales of of smoking); (2021) cigarettes, electronic Electronic flavored electronic nicotine including cigars, electronic pipes, smoking delivery devices to out-of- workplaces, electronic nicotine devices may state purchasers. MASS. GEN. indoor public delivery systems or any not be opened, LAW ch. 270 §§ 28(b), (c) places, child care other similar products repackaged or (2021) centers, state that rely on sold in smaller buildings and vaporization or quantities than Sale of electronic nicotine vehicles, (with aerosolization, [and the smallest delivery systems with some exceptions) including] any package nicotine content greater than MASS. GEN. LAW component, part or distributed by 35 mg/ml restricted to ch. 270 §§ 22(b), accessory.” MASS. the specialty tobacco stores and (c) (2021); and GEN. LAW ch. 270 § manufacturer smoking bars. MASS. GEN. public 6(a) (2021); MASS. for individual LAW ch. 270 § 29(b) (2021) transportation. GEN. LAW ch. 270 § consumer use. MASS. GEN. LAW 28(a) (2021) 940 MASS. Self-service displays and ch. 272 § 43A CODE REGS. vending machine sales of (2021) electronic smoking devices

71 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Liquid nicotine 21.04(1)(b) restricted to adult-only Use of electronic container means “a (2021) facilities. 940 MASS. CODE cigarettes package: (i) from REGS. 21.04(2), (4) (2021); prohibited in which nicotine in a Sale of 105 MASS. CODE REGS. school buildings, solution or other form electronic 665.010(B) (2021) grounds, buses or is accessible through nicotine school-sponsored normal and foreseeable delivery Redemption of discount events. MASS. use by a consumer; and systems in any coupons for electronic GEN. LAW ch. 74 (ii) that is used to hold form other than smoking devices prohibited. § 58 (2021); soluble nicotine in any an original 105 MASS. CODE REGS. MASS. GEN. LAW concentration [but does factory 665.025 (2021) ch. 71 § 2A not include] prefilled wrapped (2021) and disposable package or Sampling/free distribution of container … if the refilling a electronic smoking devices Nursing homes nicotine in the manufacturer prohibited. 940 MASS. CODE must designate container is prefilled and REGS. 21.04(1)(a) (2021) electronic inaccessible through sealed cartridge cigarette-free customary or is prohibited. Distribution of free samples areas in common reasonably foreseeable 105 MASS. in a retail or other areas. No handling or use, CODE REGS. commercial establishment employee may including reasonably 665.030 (2021) prohibited (except in retail use electronic foreseeable ingestion or tobacco stores and smoking cigarettes in any other contact by bars). MASS. GEN. LAW ch. patient area. children.” MASS. GEN. 270 § 6(c) (2021) MASS. GEN. LAW LAW ch. 270 § 27(a) 111 § 72X (2021) (2021) Sale of electronic cigarettes in health care institution Use of nicotine Electronic smoking buildings or grounds delivery systems device means “any prohibited. MASS. GEN. LAW at licensed product that can deliver ch. 112 § 61A (2021) recreational

72 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 nicotine to the user children camps through inhalation of Mail-order or internet sales prohibited. 105 vapor [including] any of electronic smoking MASS. CODE component part of such devices prohibited unless REGS. 430.165 product, including retailer requires age- (2021) liquid for use in the verification and signature by device regardless of person of legal sales age whether the liquid upon receipt. 940 MASS. contains nicotine, [and] CODE REGS. 21.04(1)(c), whether or not sold (4)(a) (2021) separately....” 940 MASS. CODE REGS. 21.03 (2021)

Sales and tax

Electronic nicotine delivery system means “an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping

73 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 pens, hookah pens and other similar devices that rely on vaporization or aerosolization; …[including] any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device…[and]…any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately…” MASS. GEN. LAWS ch. 64C § 7E(a) (2021); MASS GEN. LAWS ch. 270 § 29(a) (2021)

Tax

Tobacco products means “cigarettes, an electronic nicotine delivery system...and

74 U.S. E-Cigarette Regulation: A 50-State Review

Michigan No. Vapor product means N/A Liquid nicotine Sale of vapor products to No. Use of electronic “a noncombustible containers must persons under age 18 years smoking devices product that employs a be child- prohibited. MICH. COMP. prohibited in heating element, power resistant (unless LAWS ANN. § 722.641(1) Third Judicial source, electronic prefilled, sealed (2021) Circuit Court. circuit, or other and not MICH. COMP. electronic, chemical, or intended to be Persons under age 18 years LAWS ANN., R 3 mechanical means, opened by the prohibited from CIR Rule § 8.115 regardless of shape or consumer). purchasing/possessing vapor (F)(1) (2021) size, that can be used to MICH. COMP. products or using vapor produce vapor from LAWS ANN. § products in a public place. Vaping nicotine or any other 722.642b(1) MICH. COMP. LAWS ANN. § prohibited on substance, and the use (2021) 722.642(3) (2021) child care center or inhalation of which property and in simulates Internet sales of vapor homes and smoking…[including] products permitted after vehicles used to an electronic cigarette, verifying purchaser is at least transport children electronic cigar, 18 years of age through a in care when in electronic cigarillo, third-party service. MICH. operation for electronic pipe, or child care. MICH.

75 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 similar product or COMP. LAWS ANN. § ADMIN. CODE r. device and a vapor 722.641(8)(b) (2021) 400.1903(8) cartridge or other (2021); MICH. container of nicotine or Self-service displays of vapor ADMIN. CODE r. other substance in a products prohibited. MICH. 400.8110(13) solution or other form COMP. LAWS ANN. § (2021) that is intended to be 722.642c (2021) used with or in an [aforementioned device].” MICH. COMP. LAWS ANN. § 722.644(h) (2021)

Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product 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

76 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 nicotine or any other substance, and the use or inhalation of which simulates smoking.” MICH. COMP. LAWS ANN. § 722.642b(3)(a) (2021) Minnesota Yes. Electronic delivery Tax of 95% of Liquids Sale/distribution of electronic Yes. A town Use of electronic MINN. device means “any wholesale price intended for delivery devices prohibited to board or the delivery devices STAT. § product containing or imposed on human persons under age 21. MINN. governing included in the 297F.01 delivering nicotine, tobacco products, consumption STAT. § 609.685(1a)(a) body may definition of (19) (2021) lobelia, or any other including e- and use in an (2021) license and “smoking” substance, whether cigarettes. MINN. electronic regulate (MINN. STAT. § natural or synthetic, STAT. § delivery device Sale of electronic delivery electronic 144.413(4) intended for human 297F.05(3) (whether they devices from a moveable delivery (2021)) and consumption through (2021) contain nicotine place of business (kiosk) devices prohibited in all inhalation of aerosol or or not) must be prohibited. MINN. STAT. § however, if public places, vapor from the product. sold in child 461.21 (2021) they do not, including places Electronic delivery resistant the county of employment device includes but is packaging. Self-service displays of board shall and public not limited to devices MINN. STAT. § electronic delivery devices license and transportation, manufactured, 461.20(b) restricted to adult-only, regulate day care and marketed, or sold as (2021) tobacco-only businesses; electronic health facilities, electronic cigarettes, vending machines restricted delivery government electronic cigars, to locations inaccessible to devices. owned or electronic pipe, vape persons under age 21. MINN. MINN. operated pens, modes, tank STAT. § 461.18 (2021) STAT. § buildings, systems, or under any 461.12(1) facilities owned other product name or (2021) by Minnesota descriptor. Electronic State Colleges

77 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 delivery device and Universities, includes any the University of component part of a Minnesota, product, whether or not facilities licensed marketed or sold by the separately....” MINN. commissioner of STAT. § 609.685(1)(c) human services (2021) and those licensed by the Nicotine solution commissioner of products means “any health (with cartridge, bottle, or some exceptions) other package that (MINN. STAT. § contains nicotine, 144.414 (2021)); including nicotine and public and made or derived from charter schools tobacco or sources and any facility other than tobacco, that or vehicle owned, is in a solution that is rented or leased consumed, or meant to by a school be consumed, through district (MINN. the use of a heating STAT. § 144.4165 element, power source, (2021)). electronic circuit, or other electronic, chemical, or mechanical means that produces vapor or aerosol…[including] any electronic cigarette,

78 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any batteries, heating elements, or other components, parts, or accessories sold with and meant to be used in the consumption of a solution containing nicotine.” MINN. STAT. §§ 297F.01(22b)(b)-(c) (2021)

Tobacco products means “any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco

79 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 product, including, but not limited to, cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco; but does not include cigarettes as defined in this section. Tobacco products includes nicotine solution products.” MINN. STAT. § 297F.01 (19) (2021) Mississippi No. Alternative nicotine N/A N/A Sale/distribution of No. N/A product means “(1) alternative nicotine products [a]n electronic or any cartridge, component, cigarette; or (2) [a]ny liquid, capsule or powder other product that therof to persons under 21 consists of or contains prohibited. MISS. CODE ANN.

80 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 nicotine that can be §§ 97-32-51(2); 97-32-52(1), ingested into the body (3) (2021) by chewing, smoking, absorbing, dissolving, Purchase of alternative inhaling or by any nicotine products by perons other means; (3) [a]ny under age 21 prohibited. electronic device that MISS. CODE ANN. § 97-32-9 can be used to deliver (2021) nicotine to an individual inhaling Possession of alternative from the device, nicotine product by students including…any on educational property is cartridge component, prohibited. MISS. CODE ANN. liquid, capsule or § 97-32-9 (2021) powder used to refill or resupply such an Internet sales of alternative electronic device; or (4) nicotine products or any [a]n electronic cigar or cartridge or component cigarillo.” MISS. CODE require third-party age ANN. § 97-32- verification. MISS. CODE 51(1)(a)(i) (2021) ANN. § 97-32-51(3)(b) (2021) Electronic cigarette means “an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate

81 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.” MISS. CODE ANN. § 97-32- 51(1)(b)(i) (2021) Missouri No. Vapor product means N/A Nicotine liquid Sale/distribution of vapor Yes. Vaping restricted “any noncombustible containers must products to persons under MO. REV. to specifically product containing be child- age 18 prohibited. MO. REV. STAT. § designated areas nicotine that employs a resistant STAT. §§ 407.926.1; 407.934.1 of public heating element, power (except 407.931.1; 407.931.3 (2021) (2021) buildings and source, electronic prefilled grounds occupied circuit, or other containers not Vending machine sales by state agencies. electronic, chemical or intended to be restricted to places MO. CODE REGS. mechanical means, opened by inaccessible to persons under ANN. tit. 1, § 35- regardless of shape or consumer). age 18 or through machines 1.050(2)(A)(11) size, that can be used to MO. REV. equipped with lock-out (2021) produce vapor from STAT. § device and under direct nicotine in a solution or 407.926.4(1), unobstructed supervision of Use of vapor other form [including] (2) (2021) an adult. MO. REV. STAT. § products in any electronic cigarette, 407.931.2 (2021) public school electronic cigar, buildings or electronic cigarillo, Purchase/possession of vapor busses prohibited electronic pipe, or products by persons less than (exceptions similar product or age 18 prohibited. MO. REV. allowed). MO. device and any vapor STAT. § 407.933.1 (2020)

82 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cartridge or other REV. STAT. § container of nicotine in 191.775 (2021) a solution or other form that is intended to be E-cigarette use in used with or in [any of foster homes, the aforementioned vehicles devices] [but] does not transporting include any alternative foster children nicotine product or and in the tobacco product.” MO. presence of foster REV. STAT. § children 407.925.12 (2021) prohibited. MO. CODE REGS. tit. Nicotine liquid 13, § 35- container means “a 60.040(1)(O) bottle or other (2021) container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” MO. REV.

83 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 STAT. § 407.926.4(2) (2021) Montana No. Vapor product means N/A N/A Sale/distribution of vapor Yes. Use of vapor “a noncombustible products to persons under MONT. products product that may age 18 prohibited. MONT. CODE ANN. prohibited in or contain nicotine and CODE ANN. § 16-11-305(1) § 16-11- on public school that uses a heating (2021) 303(1) property. MONT. element, power source, (2021) CODE ANN. § 20- electronic circuit, or Vending machine sales 1-220(1) (2021) other electronic, restricted to bars where chemical, or machine is under direct line- mechanical means, of-sight supervision. MONT. regardless of shape or CODE ANN. § 16-11-306(1) size, to produce vapor (2021) from a solution or other substance [including] Possession/use of vapor an electronic cigarette, products by persons under electronic cigar, age 18 prohibited. MONT. electronic cigarillo, CODE ANN. § 45-5-637(1) electronic pipe, or (2021) similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with [any aforementioned] device.” MONT. CODE

84 U.S. E-Cigarette Regulation: A 50-State Review

85 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 or sold in combination with [an aforementioned product, and products], any product or device marketed, manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or similar products…and [a]ny component, part, or accessory [of such a product].” NEB. REV. STAT. § 28-1418.01(3) (2021)

Use restrictions

Electronic smoking device means an electronic nicotine delivery system…[including devices] manufactured, distributed, marketed, or sold as an e-

86 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarette, e-cigar, e- pipe, e-hookah, or vape pen or under any other product name or descriptor. The term also includes any substance that is used in an electronic smoking device.” NEB. REV. STAT. § 71- 5718.01 (2021) Nevada Yes. NEV. Vapor product means Vapor products N/A Sale/distribution vapor Yes. NEV. Use of electronic REV. STAT. “any noncombustible taxed at rate of products to persons under REV. STAT. smoking device ANN. § product containing 30% of age 21 prohibited. NEV. REV. ANN. § included in 370.0318 nicotine or any other wholesale price. STAT. ANN. § 370.521 (2021) 370.567(1) definition of (2021) substance that employs NEV. REV. STAT. (2021) “smoking” (NEV. a heating element, ANN. § Sale of vapor products REV. STAT. ANN. power source, 370.450(1) through computer network, § electronic circuit or (2021) telephonic network or other 202.2483(12)(n) other electronic, electronic network must be (2021)) and chemical or mechanical packed and clearly marked prohibited in means, regardless of “vapor products” and only places of the shape or size after age verification through employment and thereof, that can be third party service determines places open to used to produce vapor person is over age 21 years. the public (NEV. from nicotine or any NEV. REV. STAT. ANN. § REV. STAT. ANN. other substance in a 202.24935 (2021) § 202.2483(1)- solution or other form, (2) (2021)), with the use or inhalation of some exceptions, which simulates including areas

87 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 smoking [including] an of casinos where electronic cigarette, minors are cigar, cigarillo, pipe, prohibited, and hookah, or vape age-restricted pen...and the businesses, components of such a among some product or device, other private whether or not sold places (NEV. separately, including, REV. STAT. ANN. without limitation, § 202.2483(3) vapor cartridges or (2021)). other container of nicotine or any other Use of vapor substance in a solution products or other form [meant prohibited within for use with an any procedure aforementioned area of an device].” NEV. REV. invasive body STAT. ANN §§ decoration 202.2485(5); 370.054 establishment. (2021) NEV. ADMIN. CODE § Other tobacco product 444.00849(1) means “any tobacco of (2021) any description, any vapor product, any alternative nicotine product or any product made from tobacco, other than cigarettes.”

88 U.S. E-Cigarette Regulation: A 50-State Review

Use restrictions

Electronic smoking device means “any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product [including] any component part of [such a product], regardless of whether the component part is sold separately.” NEV. REV. STAT. ANN. § 202.2483(12)(n) (2021) New Yes. N.H. Sales and use Closed cartridges E-cigarettes Sale/distribution of e- Yes. N.H. Use of e- Hampshire REV. STAT. or containers of and liquid cigarettes and e-liquid to REV. STAT. cigarettes

89 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 ANN. § E-cigarette means “any nicotine- nicotine must persons under age 21 ANN. §§ prohibited in all 78:1(XIII) electronic smoking containing be sold in prohibited. N.H. REV. STAT. 178:1(VI) areas smoking is (2021) device composed of a substances not original ANN. §§ 126-K:4(I); 126- (retail); 78:6 prohibited (N.H. mouthpiece, a heating intended to be packaging. K:8(I) (2021) (manufactur REV. STAT. ANN. element, a battery, and opened taxed at N.H. CODE e and § 155:65(XV) electronic circuits that rate of $0.30/ml ADMIN. R. Distribution of free e- wholesale) (definition of may or may not contain and containers ANN. LIQ. cigarettes or e-liquid (2021) “smoking”)); nicotine or e-liquid intended to be 1003.01 (2021) restricted to locations including [including] e-cigarettes, opened taxed at inaccessible to persons under hospitals, public e-cigars, or e-pipes....” rate of 8% of age 21 or licensed retail transportation, N.H. REV. STAT. ANN. wholesale price. tobacco store. N.H. REV. restaurants and §§ 126-K:2(II-b); N.H. REV. STAT. STAT. ANN. § 126-K:5(I); day care agencies 175:1(XXXI-a) (2021) ANN. 78:2(II)(b) 126-K:2(V) (definition of during hours of (2021) “minor”) (2021) operation, as well E-liquid means “any as any other liquid, oil, or wax Purchase/possession/use of e- enclosed place of product containing, but cigarettes or liquid nicotine public access not limited to, nicotine by persons under age 21 when smoking or cannabis intended prohibited. N.H. REV. STAT. cannot be for use in devices used ANN. § 126-K:6(I) (2021) “effectively for inhalation.” N.H. segregated.” N.H. REV. STAT. ANN. §§ REV. STAT. ANN. 126-K:2(II-c); § 155:66 (2021) 175:1(XXXI-a) (2021) Use of e-cigarette Device means “any and e-liquid in or product composed of a on the grounds of mouthpiece, a heating a “public element, a battery, and educational electronic circuits facility”

90 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 designed or used to prohibited. N.H. deliver any aerosolized REV. STAT. ANN. or vaporized substance § 126-K:7(I) including, but not (2021) limited to, nicotine or cannabis…[including but not limited to], hookah, e-cigarette, e- cigar, e-pipe, vape pen, or e-hookah.” N.H. REV. STAT. ANN. §§ 126-K:2(II-a) (2021)

Tax

Electronic cigarette means “a noncombustible device regardless of shape or size that can be used to deliver aerosolized or vaporized nicotine to a person inhaling from the device, including but not limited to a device manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic

91 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarillo, electronic pipe, electronic hookah, vape pen, or any other similar product or device under any other product name or descriptor…[including] any liquid or other substance containing nicotine that is intended to be used with or in such a device, including in a closed cartridge or container that is not intended to be opened.” N.H. REV. STAT. ANN. § 78:1(III- a) (2021)

Tobacco products means “any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, electronic cigarettes, loose

92 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 tobacco, smokeless tobacco, and cigars.” N.H. REV. STAT. ANN. § 78:1(XIII) (2021) New Jersey Yes. N.J. Use restrictions Liquid nicotine Liquid nicotine Sale/distribution of electronic Yes (for Use of electronic STAT. § taxed at rate of must be sold in smoking device to person sales of smoking device 54:40B-2 Electronic smoking $0.10 per fluid child-resistant under age 21 prohibited. N.J. container e- included in (2021) device means “an milliliter by containers. N.J. STAT. §§ 2A:170-51.4(a)(2); liquid). N.J. definition of electronic device that volume, and a STAT. § 2C:33-13.1(a) (2021) STAT. § “smoking” (N.J. can be used to deliver proportionate 2A:170-51.9(a) 54:40b- STAT. §§ 26:3D- nicotine or other rate on all (2021) Advertising electronic 3.3(a) 57), and substances to the fractional parts of cigarettes prohibited on NJ (2021) prohibited in person inhaling from fluid milliliter Transit. N.J. ADMIN. CODE § same spaces the device, including, (except container 16:86-1.2(a)(8) (2021) smoking but not limited to, an e-liquid). N.J. prohibited, electronic cigarette, STAT. § 54:40B- Container e-liquids may only including: indoor cigar, cigarillo, or 3.2(a) and (d) be sold at retail by licensed public places, pipe.” N.J. STAT. § (2020) specialty vapor businesses. workplaces, 26:3D-57 (2021) N.J. STAT. § 54:40B-3.3 (a) public parks and Container e- (2020) beaches (26:3D- Packaging restrictions liquid taxed at 58); with some rate of 10% of Discounted sales of vapor exceptions Liquid nicotine means the listed retail products (including through (26:3D-59); and “any solution sale price. N.J. coupons and rebates) restricted in containing nicotine STAT. § 54:40B- prohibited. N.J. STAT. § lodging which is designed or 3.4(a) (2021) 2A:170-51.11(a) (2021) establishments sold for use with an (26:3D–60) electronic smoking Discounted sales or (2021). device.” N.J. STAT. § distribution of flavored vapor products prohibited. N.J.

93 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 2A:170-51.9(a)(2) STAT. § 2A:170-51.12(a) Children’s Group (2021) (2021) Homes must prohibit use of Liquid nicotine electronic container means “a smoking devices bottle or other by children and container of liquid, staff wax, gel, or other sale/distribution substance containing of such devices nicotine, where the to children. N.J. liquid or other ADMIN. CODE § contained substance is 3A:56-4.6 (2021) sold, marketed or intended for use in a Use of electronic vapor product [but] cigarettes does not include prohibited in [containers] prefilled Atlantic City and sealed by the International manufacturer [and] not Airport similar to intended to be opened smoking. N.J. by the consumer.” N.J. ADMIN. CODE § STAT. § 2A:170- 19:76-4.3 (2021) 51.9(a)(3) (2021)

Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic

94 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form intended to be used with, or in, any such device.” N.J. STAT. § 2A:170-51.9(a)(4) (2021)

Tax

Electronic smoking device means “a nonlighted, noncombustible device that may be used to

95 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 simulate smoking and that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine or other substance for inhalation into the body of a person, [including devices marketed as] an e-cigarette, e-cigar, e- pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.” N.J. STAT. § 54:40B-2 (2021)

Liquid nicotine means “any solution containing nicotine that is designed or sold for use with an electronic smoking device.” N.J. STAT. § 54:40B-2 (2021)

96 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Container e-liquid means “a container of liquid nicotine or other liquid where the liquid is marketed, sold, or intended for use in an electronic smoking device, but does not include a prefilled cartridge or other container where the cartridge or container is marketed, sold, or intended for use as, or as a part of, an electronic smoking device.” N.J. STAT. § 54:40B-2 (2021)

Tobacco product means “any product containing, made, or derived from any tobacco, nicotine, or other chemicals or substances for consumption by a person, including, but not limited to, cigars, little cigars, cigarillos,

97 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 chewing tobacco, pipe tobacco, smoking tobacco and their dsubstitutes, dry and moist snuff, and liquid nicotine, but does not include cigarette[s]....” N.J. STAT. § 54:40B-2 (2021) New Yes. N.M. Tax, Youth Access and E-liquid taxed at Nicotine liquid Sale/distribution of e- Yes. N.M. Use of e- Mexico STAT. Use Restrictions rate equal to must be sold in cigarettes or a nicotine liquid STAT. ANN. cigarettes ANN. § 7- 12.5% of product child-resistant container to persons under §§ 61-37- included in 12A-2(L) E-cigarette means “any value. N.M. containers age 21 prohibited. N.M. 5(A) definition of (2021); electronic oral device, STAT. ANN. § 7- (unless STAT. ANN. § 61-37-3(A) (manufactur “smoking” N.M. whether composed of a 12A-3(D) (2021) prefilled, (2021) er); 61-37- (N.M. STAT. STAT. heating element and sealed, and not 6(A) ANN. § 24-16- ANN. § 61- battery or an electronic Closed-system intended to be Self-service displays of e- (distributor) 3(N) (2021) 37-2(S) circuit, that provides a cartridges taxed opened by cigarettes and nicotine liquid ; 61-37-7(A) (definition of (2021) vapor of nicotine or at rate of $0.50 consumer). prohibited. N.M. STAT. ANN. (retailer) “smoking”)), any other substance the per cartridge. N.M. STAT. § 61-37-15(A) (2021) (2021) including use or inhalation of N.M. STAT. ANN. ANN. § 57-2C- workplaces and which simulates § 7-12A-3(E) 1(A) (2020); Vending machine sales of e- indoor public smoking and includes (2021) N.M. STAT. cigarettes and nicotine liquid places (N.M. any such device, or any ANN. § 61-37- containers restricted to STAT. ANN. § 24- part thereof, whether 3(C) (2021) locations inaccessible by 16-4) (2021)), manufactured, persons under age 21. N.M. and reasonable distributed, marketed or E-cigarettes STAT. ANN. § 61-37-15(B) distances from sold as an e-cigarette, and nicotine (2021) entrances, e-cigar, e-pipe or any liquid windows and other product, name or containers must ventilation

98 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 descriptor....” N.M. be sold in Sales of e-cigarettes, that are systems if places STAT. ANN. § 7-12A- “original “knowingly attractive to where smoking is 2(E) (2020); N.M. factory-sealed minors” prohibited. This prohibited (N.M. CODE R. § 6.12.4.7(B) package.” N.M. includes products with STAT. ANN. § 24- (2020); N.M. STAT. STAT. ANN. § packaging or labeling 16-13 (2021)) ANN. § 61-37-2(I) 61-37-3(B) containing cartoon characters (2021) (2021) or mimicry of products, Use/possession/ characters and the like distribution of Electronic nicotine primarily marketed toward nicotine liquid delivery system means minors. N.M. STAT. ANN. § containers and e- “an electronic device, 61-37-3(D) (2021) cigarettes including e-cigarettes, prohibited on whether composed of a Free samples of e-cigarettes school property heating element and and nicotine liquid, and by students battery or an electronic prohibited without express at school- circuit, that provides a written approval. N.M. STAT. sponsored vapor or aerosol of ANN. § 61-37-16(A) (2021) activities. N.M. nicotine, the use or CODE R. § inhalation of which Delivery sales of e-cigarettes 6.12.4.8(A) simulates smoking.” require third-party age (2021) N.M. STAT. ANN. § 61- verification. N.M. STAT. 37-2(J) (2021) ANN. § 61-37-14(C) (2020)

Nicotine liquid means Licenses may not be issued “a liquid or other to businesses within 300 feet substance containing of a school (unless business nicotine where the operatead prior to July 1, liquid or substance is 2020). N.M. STAT. ANN. § sold, marketed or 61-37-4(C)(3) (2021) intended for use in an

99 U.S. E-Cigarette Regulation: A 50-State Review

Nicotine liquid container means “a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e- cigarette.” N.M. CODE R. 6.12.4.7(E) (2021)

Youth access

Tobacco product means “a product made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means,

100 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 including cigars, cigarettes, chewing tobacco, pipe tobacco, snuff, e-cigarettes or electronic nicotine delivery systems.” N.M. STAT. ANN. § 61- 37-2(S) (2021)

Tax

Tobacco product means “(1) any product, other than cigarettes, cigars and little cigars, made from or containing tobacco; (2) e-liquid; (3) e- cigarettes; and (4) closed system cartridges.” N.M. STAT. ANN. § 7-12A- 2(L) (2021)

E-liquid means “liquid or other substance intended for use in an e-cigarette, not including any substance containing

101 U.S. E-Cigarette Regulation: A 50-State Review

Closed system cartridge means “a single-use, pre-filled disposable cartridge containing five milliliters or less of e- liquid for use in an e- cigarette.” N.M. STAT. ANN. § 7-12A-2(D) (2021)

Trade practices

Electronic delivery device means “any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking.” N.M. STAT.

102 U.S. E-Cigarette Regulation: A 50-State Review

Nicotine liquid container means “a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device [excepting those] pre-filled and sealed...and not intended to be opened by the consumer.” N.M. STAT. ANN. § 57- 2C-1(C)(3) (2021)

Use

E-cigarette means “a product containing or delivering nicotine or another substance intended for human consumption that can be used by a person in

103 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 any manner for the purpose of inhaling vapor or aerosol from the product, including a device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e- hookah or vape pen or under another product name or descriptor.” N.M. STAT. ANN. § 24- 16-3(E) (2021) New York No. Retail Restrictions A tax of 20% of Liquid nicotine Sale/distribution of e- Yes. N.Y. E-cigarette use retail price is (“electronic cigarettes, vapor products or TAX LAW § prohibited where Electronic cigarette (or imposed on all liquid”) must liquid nicotine to persons 1183 (2021) smoking is e-cigarette) means “an vapor products. be sold in a under age 21 prohibited. (certificate prohibited, electronic device that N.Y. TAX LAW § child resistant N.Y. PUB. HEALTH LAW §§ of including, but not delivers vapor which is 1181 (2021) bottle. N.Y. 1399-cc(2); 1399-bb(4); registration) limited to indoor inhaled by an GEN. BUS. LAW 1399-bb(5) (2021) areas such as individual user, and § 399-gg(1) workplaces, shall include any refill, (2021) Self-service displays of e- restaurants, mass cartridge and any other cigarettes or liquid nicotine transit, hospitals, component of such a Manufacturers prohibited except in tobacco schools and device.” N.Y. PUB. (person or businesses and locations dorms, HEALTH LAW § 1399- company that restricted to persons at least and outdoor aa(13) (2021) produces, 21 years of age. N.Y. PUB. areas, such as prepares, or HEALTH LAW § 1399-cc(7) railroad stations, compounds a (2021) hospital, library

104 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Vapor products means vapor product and school “any noncombustible or e-cigarette) Vending machine sales of e- grounds (with liquid or gel, regardless must publish cigarettes permitted in bars, some exceptions) of the presence of detailed private clubs, and tobacco N.Y. PUB. nicotine therein, that is information businesses; in other HEALTH LAW §§ manufactured into a about each businesses that have 1399-n(9) finished product for use product, proportionally few (definition of in an electronic including a list employees under 21, the vaping); 1399-o; cigarette, including any of ingredients, products must not be 1399-q device that contains potential health accessible to the general (exceptions) such noncombustible effects of each, public and must be visible to (2021); most liquid or gel.” N.Y. and byproducts and under the direct control playgrounds PUB. HEALTH LAW § that may be of person in charge. N.Y. (with certain 1399-aa(17) (2021) produced in the PUB. HEALTH LAW § 1399- restrictions) N.Y. vapor during dd (2021) PUB. HEALTH Liquid nicotine (or normal use. LAW § 1399-o- electronic liquid or e- N.Y. PUBLIC Sale of flavored vapor 1(1) (2021); and liquid) means “a liquid HEALTH LAW § products intended to be used in child care composed of nicotine 1701(1) (2021) for the consumption of vehicles when and other chemicals, nicotine prohibited. N.Y. transporting and which is sold as a PUB. HEALTH LAW § 1399- children. N.Y. product that may be mm-1(2) (2021) COMP. CODES R. used in an electronic & REGS. tit. 18, § cigarette.” N.Y. PUB. Sale by pharmacies of vapor 415.13(b)(5)(ix) HEALTH LAW § 1399- products to be used for the (2021) cc(1)(e) (2021) consumption of nicotine prohibited. N.Y. PUB. E-cigarette use Vaping means “the use HEALTH LAW § 1399-mm- restricted similar of an electronic 2(1) (2021) to smoking on cigarette.” N.Y. PUB. Niagara Frontier

105 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 HEALTH LAW § 1399-n Vapor product dealers Transportation (9) (2021) prohibited from shipping Authority vapor products intended to be property. N.Y. Tax used for the consumption of COMP. CODES R. nicotine to unauthorized & REGS. tit. 21, § Vapor product means persons in the state. N.Y. 1151.9 (2021) “any non-combustible PUB. HEALTH LAW § 1399- liquid or gel, regardless ll(1-a) (2021) E-cigarette use of the presence of restricted similar nicotine therein, that is Common or contract carriers to smoking on manufactured in to a prohibited from knowingly Rochester- finished product for use transporting vapor products Genesee in an electronic intended to be used for the Regional cigarette, electronic consumption of nicotine to Transportation cigar, electronic any unauthorized person in Authority cigarillo, electronic the state. N.Y. PUB. HEALTH property. N.Y. pipe, vaping pen, LAW § 1399-ll(2) (2021) COMP. CODES R. hookah pen, or other & REGS. tit. 21, § similar device…” N.Y. Shipments of vapor products 4901.4(a)(10) TAX LAW § 1180(a) intended to be used in the (2021) (2021) consumption of nicotine must be clearly labeled as “vapor “Vaping” product” if shipped in restricted similar something other than the to smoking on manufacturer’s original Syracuse container or wrapping. N.Y. Regional Airport PUB. HEALTH LAW § 1399- property. N.Y. ll(3) (2021) COMP. CODES R. & REGS. tit. 21, § 176.3(i) (2021)

106 U.S. E-Cigarette Regulation: A 50-State Review

107 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 school). N.Y. PUB. HEALTH & REGS. tit. 21, § LAW § 1399-dd-1(2) (2021); 751.04(v) (2021) N.Y. GEN. BUS. LAW § 396- aaa(2) (2021) North Yes. Sales/Distribution Vapor products E-liquid Sale/distribution of vapor Yes. N.C. Use of e- Carolina N.C. GEN. restrictions taxed at rate of products products to persons under GEN. STAT. cigarettes STAT. §§ $0.05/fluid ml. of containing age 18 prohibited. N.C. GEN. § 105- prohibited at 14- Vapor product means consumable nicotine must STAT. § 14-313(b) (2021) 113.36 (a) child care 313(a)(4); “any noncombustible product. N.C. be sold in (wholesale centers. 10A 105- product that employs a GEN. STAT. § child-resistant Vending machine sales of and retail) N.C. ADMIN. 113.4(11a); mechanical heating 105-113.35(a1) containers and vapor products restricted to (2021) CODE 9.0604(h) 148- element, battery, or (2021) must state the locations inaccessible to (2021) 23.1(d)(2) electronic circuit product minors or where controlled (2021) regardless of shape or contains by owner. N.C. GEN. STAT. § Use of e- size and that can be nicotine. N.C. 14-313(b1) (2021) cigarettes used to heat a liquid GEN STAT. § prohibited at nicotine solution 14- Purchase of vapor products Family Child contained in a vapor 401.18A(b)–(c) by persons under age 18 Care Homes. cartridge. The term (2021) prohibited. N.C. GEN. STAT. 10A N.C. includes an electronic § 14-313(c) (2021) ADMIN. CODE cigarette, electronic 9.1719(a)(10) cigar, electronic Sample vapor products may (2021) cigarillo, and electronic only be distributed in a pipe.” N.C. GEN. STAT. “qualified adult-only Sale/distribution/ §§ 14-313(a)(5), 14- facility.” N.C. GEN. STAT. § use of vapor 401.18A(a)(4); 148- 105-113.35(a2)(3) (2021) products in State 23.1(d)(3) (2021) Correctional Internet distribution of vapor facilities Tobacco product products requires third-party prohibited. N.C. means “any product GEN. STAT. §§

108 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 that contains tobacco age verification. N.C. GEN. 14-258.1(c); 148- and is intended for STAT. § 14-313(b2) (2021) 23.1(b), (b1) human (2021) consumption…[includi Delivery sellers of vapor ng] a tobacco-derived products must obtain a E-cigarette use product, vapor product, license and file with the state prohibited on or components of a a memo or copy of the school property vapor product.” N.C. invoice for each such sale and at school GEN. STAT. § 14- each month. N.C. GEN. STAT. sponsored events. 313(a)(4) (2021) § 105-113.4F(b)-(c) (2021) N.C. GEN. STAT. ANN. § 115C-407 Tobacco products (2021) (requiring means “[c]igars, tobacco-free cigarettes, snuff, loose policy); DEP'T tobacco, or similar PUB. INST., goods made with any Preventing and part of the tobacco Reducing E- plant that are prepared cigarette Use and or used for smoking, Other Tobacco chewing, dipping or Use among other personal use. The Students term includes vapor February 21, products.” N.C. GEN. 2020 (specifying STAT. § 148-23.1(d)(2) tobacco-free (2021) policies must prohibit use of e- cigarettes) E-liquid means “[a] liquid product, whether or not it contains

109 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 nicotine, that is intended to be vaporized and inhaled using a vapor product.” N.C. GEN. STAT. § 14- 401.18A(a)(2) (2021)

E-liquid container means “a bottle or other container of e- liquid [except] a container [that] is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer.” N.C. GEN. STAT. § 14- 401.18A(a)(3) (2021)

Tax provisions

Vapor product means “[a]ny nonlighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be

110 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 used to produce vapor from nicotine in a solution [including] any vapor cartridge or other container of nicotine...intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device.” N.C. GEN. STAT. § 105-113.4(13a) (2021)

Consumable product means “[a]ny nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used.” N.C. GEN. STAT. § 105-113.4(1k) (2021)

Tobacco product means “[a] cigarette, a cigar, or any other product that contains tobacco and is intended

111 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 for inhalation or oral use. The term includes a vapor product.” N.C. GEN. STAT. § 105- 113.4(11a) (2021) North No. Use restrictions N/A Nicotine liquid Sale/distribution of electronic No. Use of e- Dakota containers must smoking devices to persons cigarettes E-cigarette means “any be child- under age 21 prohibited. included in electronic oral device, resistant. N.D. CENT. CODE § 12.1-31- definition of such as one composed N.D. CENT. 03(1)(a) (2021) smoking and of a heating element CODE § 12.1- therefore and battery or 31-03.2(1) Sale/distribution of flavored prohibited in electronic circuit, or (2021) e-liquid or electronic public places, both, which provides a smoking device containing places of vapor of nicotine or flavored e-liquid to persons employment and any other substances, under age 21 prohibited. within 20 feet of and the use or N.D. CENT. CODE § 12.1-31- entrances, exits, inhalation of which 03.3(1) (2021) windows, air simulates smoking intakes and [including a product Self-service displays of ventilation marketed as an] e- electronic smoking devices systems thereof cigarette, e-cigar, and restricted to tobacco specialty (with some e-pipe or under any stores and vending machines exceptions). N.D. other product, name, or inaccessible to persons under CENT. CODE §§ descriptor.” N.D. age 21 or which are 23-12-09(15) CENT. CODE § 23-12- controlled by the seller. N.D. (definition of 09(3) (2021) CENT. CODE §§ 12.1-31- smoking); 23-12- 03(1)(b); 12.1-31-03.1(1), (2) 10 (2021) Sales restrictions (2021)

112 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Vaping in a Electronic smoking Purchase/possession/use of family foster device means “any electronic smoking device by home when the electronic product that person under age 21 foster child is delivers nicotine or prohibited. N.D. CENT. CODE present. N.D other substances to the § 12.1-31-03(2) (2021) ADMIN. CODE individual inhaling 75-03-14-04(3) from the device, Retailers’ sale and shipment (2021) including, an electronic of electronic smoking cigarette, e-cigar, e- devices through mail pipe, vape pen, or e- prohibited unless retailer hookah. Electronic verifies the purchaser is at smoking device least 21 years of age and includes any requires signature upon component, part, or delivery of a person at least accessory of such a 21 years of age. N.D. CENT. product, whether or not CODE § 51-32-01(2) (2021) sold separately....” N.D. CENT. CODE § 12.1-31-03(10)(b) (2021)

Nicotine liquid container means “a bottle or other container of a liquid or other substance containing nicotine in which the liquid or substance is sold,

113 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 marketed, or intended for use in an electronic smoking device [except a container that] is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” N.D. CENT. CODE § 12.1-31- 03.2(2) (2021) Ohio Yes. OHIO Sales restrictions Vapor products Alternative Sale/distribution of Yes. OHIO Use of electronic REV. CODE taxed at rate of nicotine alternative nicotine products REV. CODE nicotine delivery ANN. § Alternative nicotine $0.01 per vapor products must to persons under age 21 ANN. § systems, which 2927.02(A) product means “an volume. OHIO be sold in the prohibited. OHIO REV. CODE 5743.61(A) includes e- (7) (2021) electronic smoking REV. CODE ANN. same minimum ANN. § 2927.02(B)(1) (2021) (2021) cigarettes, device, vapor product, § 5743.51(A)(4) quantities as prohibited in the or any other product or (2021); OHIO manufacturer’s Vending machine sales of capitol buildings. device that consists of REV. CODE ANN. container. OHIO alternative nicotine products OHIO ADMIN. or contains nicotine § 5743.62(A)(4) REV. CODE restricted to locations CODE 128-4- that can be ingested (2021); OHIO ANN. § inaccessible to persons under 02(G)(8) (2021) into the body by any REV. CODE ANN. 2927.02(B)(5) age 21 or under control of means, including, but § 5743.63 (2021) (2021) owner. OHIO REV. CODE Use of electronic not limited to, chewing, ANN. § 2927.02(C) (2021) cigarettes smoking, absorbing, prohibited in dissolving, or Purchase/possession/use of body art inhaling.” OHIO REV. alternative nicotine products establishment CODE ANN. § not allowed for persons rooms used for 2927.02(A)(2) (2021) under age 21 unless a parent, body art or spouse, or legal guardian sterilization

114 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Electronic smoking over age 21 accompanies procedures. OHIO device “means...any them. OHIO REV. CODE ANN. ADMIN. CODE device that can be used § 2151.87(B) (2021) 3701-9-04(K) to deliver aerosolized (2021) or vaporized nicotine or Only licensed secondary any other substance to manufacturers can Use of electronic the person inhaling reconstitute, dilute or cigarettes/electro from the device reprocess vapor products for nic nicotine including an electronic resale to consumers. OHIO delivery systems cigarette, electronic REV. CODE ANN. § 5743.20 prohibited on cigar, electronic (2021) various college hookah, vaping pen, or and university electronic pipe campuses by [including] any regulation (e.g., component, part, or University of accessory of such a Cincinnati, OHIO device, whether or not ADMIN. CODE sold separately, and 3361:10-17- includes any substance 06(B)(1) (2021); intended to be Cuyahoga aerosolized or Community vaporized during the College, OHIO use of the device.” ADMIN. CODE OHIO REV. CODE ANN. 3354:1-20- § 2927.02(A)(5) (2021) 05(C)(1),(2),(3)(f ) (2021); Wright Tobacco product State University, means “any product OHIO ADMIN. that is made or derived CODE 3352-7- from tobacco or that 05(B),(C)(1)

115 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 contains any form of (2021); Kent nicotine, if it is University, OHIO intended for human ADMIN. CODE consumption or is 3342-5-21(A),(B) likely to be consumed, (2021); whether smoked, University of heated, chewed, Akron, OHIO absorbed, dissolved, ADMIN. CODE inhaled, or ingested by 3359-20- any other means, 05.10(A)(2), including, but not (B)(1) (2021)) limited to, a cigarette, an electronic smoking Vaping/use of device, a cigar, pipe electronic tobacco, chewing cigarettes tobacco, snuff, or snus prohibited in [including] any Franklin County component or Court of accessory used in the Common Pleas. consumption of a OHIO FRANKLIN tobacco product, such PROB RULE 54.3 as … liquids used in (2021) electronic smoking devices, whether or not Assisted living they contain nicotine.” providers OHIO REV. CODE ANN. prohibited from § 2927.02(A)(7) (2021) using electronic cigarettes while Vapor product means providing care. “a product, other than a OHIO ADMIN.

116 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cigarette or other CODE 173-39- tobacco product…that 02(B)(8)(g)(iv) contains or is made or (2021) derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing…[including] any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product.” OHIO REV. CODE ANN. § 2927.02(A)(8) (2021)

Tax

Electronic smoking product means “any noncombustible product, other than a cigarette or tobacco product, that (1)

117 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 contains or is designed to use vapor products and (2) 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 the vapor product…[including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device…” OHIO REV. CODE ANN. § 5743.01(U) (2021)

Vapor product means “any liquid solution or other substance that (1) contains nicotine and (2) is depleted as it is used in an electronic

118 U.S. E-Cigarette Regulation: A 50-State Review

Vapor volume means “one of the following, as applicable: (1) [i]f a vapor product is sold in liquid form, one-tenth of one milliliter of vapor product; (2) [i]f the vapor product is sold in nonliquid form, one-tenth of one gram of vapor product.” OHIO REV. CODE ANN. § 5743.01(W) (2021) Oklahoma No. Vapor product means N/A N/A Purchase/possession of No. Use of vapor “noncombustible nicotine products or vapor products products, that may or products by persons under prohibited in or may not contain age 21 prohibited. OKLA. on school nicotine, that employ a STAT ANN. tit. 10A § 2-8- property, in mechanical heating 224(A) (2021) school vehicles element, battery, and at school- electronic circuit, or Sale/distribution of nicotine sponsored events. other mechanism, products or vapor products to OKLA. STAT. regardless of shape or persons under age 21 ANN. tit. 70 § size, that can be used to prohibited. OKLA. STAT. 1210.213(A) produce a vapor in a ANN. tit. 63 §§ 1-229.13(A); (2021) solution or other form 1-229.26(A) (2021)

119 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 [including] any vapor Use of vaping cartridge or other Vending machines sales of devices and e- container with or nicotine products or vapor cigarettes without nicotine or products are restricted to prohibited on other form that is locations inaccessible to properties intended to be used persons under age 21. OKLA. owned, leased or with an electronic STAT. ANN. tit. 63 § 1-229.17 contracted for cigarette, electronic (2021) use by the state, cigar, electronic including cigarillo, electronic Distribution of free nicotine buildings, land pipe, or similar product products or vapor products to and vehicles or device....” OKLA. persons under 21 or on any owned, leased or STAT. ANN. tit. 63 § 1- public street, sidewalk, or contracted for 229.12(8) (2021); park that is within 300 feet of use by the state, OKLA. STAT. ANN. tit. any playground, school, or except when used 70 § 1210.212(6) other facility used primarily by those living in (2021) by persons under the age of Veteran's Affairs 21 prohibited. OKLA. STAT. Residential Nicotine product means ANN. tit. 63 § 1-229.18(A)– Facilities while “any product that (B) (2021) they are on contains nicotine facility grounds. extracted or isolated Self-service displays of OKLA. EXEC. from plants, vegetables, nicotine or vapor products ORD. 2019-07 fruit, herbs, weeds, restricted to adult-only (continuing genetically modified facilities. OKLA. STAT. ANN. OKLA. EXEC. organic matter, or that tit. 63 § 1-229.21(A) (2021) ORD. 2013-43) is synthetic in origin and is intended for Vaping human consumption…” prohibited in OKLA. STAT. ANN. tit. those parts of the

120 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 63 § 1-229.12(1) Capitol Building (2021) assigned to the House. H.R. 1001, 58th Leg. (Okla. 2021), Rule 11.5

Possession/use of electronic cigarettes and vaping devices prohibited on grounds of Comprehensive Community Addiction Recovery Centers’, Mental Illness Service Programs, Gambling Treatment Programs, Community Mental Health Centers, Substance Related and Addictive Disorder

121 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Treatment, and Opioid Treatment Programs. OKLA. ADMIN. CODE §§ 450:24-21-1.1(a); 450:27-3-5(a); 450:65-7-4.1(a); 450:17-23-3(a); 450:18-5-3.3(a); 450:70-2-3(a) (2021) Oregon Yes. OR. Youth Access and Use Inhalant delivery Inhalant Sale of inhalant delivery No. Aerosolizing or REV. STAT. systems taxed at delivery system to person under age vaporizing ANN. § Inhalant means rate of 65% of systems 21 years of age prohibited. inhalants in 323.500(15 “nicotine, a wholesale price. (including all OR. REV. STAT. ANN. § public places, ) (2021) cannabinoid or any OR. REV. STAT. component 167.755(1) (2021) places of other substance that (a) ANN. § 323.505 parts such as employment, jury [i]s in a form that (2)(c) (2021) inhalants) must Self-service displays of rooms, at least allows the nicotine, be labeled inhalant delivery systems 75% of hotel cannabinoid or pursuant to prohibited except in locations rooms, child care substance to be state rules and inaccessible to persons under facilities and delivered into a sold in child- 21 years of age. OR. REV. vehicles (while person’s respiratory resistant STAT. ANN. § 167.765 children are system; (b) [i]s inhaled packaging (2021) passengers), and for the purpose of which is not within 10 feet of delivering the nicotine, attractive to Purchase of inhalant delivery entrances, exits, cannabinoid or other persons under system by person under age windows or substance into a age 18. OR. 21 prohibited. OR. REV. ventilation person’s respiratory REV. STAT. STAT. ANN. § 167.760 (2021) intakes of

122 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 system....” OR. REV. ANN. §§ enclosed areas STAT. ANN. § 431A.175(2)(d) Possession of inhalant prohibited (with 433.835(3) (2021) -(f) (2021) delivery system by person some under age 18 prohibited. OR. exceptions). OR. Inhalant delivery REV. STAT. ANN. § 167.785 REV. STAT. ANN. system means “(i) [a] (2021) §§ 433.845; device that can be used 433.850 (2021); to deliver nicotine or Vending sales of inhalant OR. ADMIN. R. cannabinoids in the delivery systems restricted to 414-180- form of a vapor or locations inaccessible to 0015(26) (2020) aerosol to a person persons under age 21 years of inhaling from the age. OR. REV. STAT. ANN. § Hospitals may device; or (ii) [a] 167.780(2) (2021) not permit use of component of a device inhalant delivery [described above] or a Public/private schools, systems in substance in any form college, community college, hospital or within sold for the purpose of university career school, 10 feet of a being vaporized or technical education school, doorway, aerosolized by a device youth correction and juvenile window or [described above], detention facilities must ventilation intake whether the component prohibit possession of thereof. OR. REV. or substance is sold inhalant delivery systems by STAT. ANN. § separately or is not sold persons under age 21 present 441.815(2) separately . . .[and does at facility or at facility- (2021) not include] tobacco sponsored event. OR. REV. products.” OR. REV. STAT. ANN. § 339.883 (2021) Use of inhalant STAT. ANN. § delivery system 431A.175(1)(a) (2021) Sale of nicotine inhalant in car while delivery devices and liquid person under age Tax nicotine containers 18 is present

123 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 prohibited by medical prohibited. OR. Inhalant delivery marijuana dispensaries. OR. REV. STAT. ANN. system means means ADMIN. R. 333-008-1200(11) § 811.193 (2021) “(A) [a] device that can (2021) be used to deliver Remote sales and shipment Use of inhalant nicotine in the form of of inhalant delivery systems delivery systems a vapor or aerosol to a restricted to distributors and in state vehicles person inhaling from retailers. OR. REV. STAT. prohibited. OR. the device; or (B) [a] ANN. § 180.441 (2021) ADMIN. R. 125- component of a device 155-0510 (1)(d) [described above] or a Delivery sales of inhalant (2021) substance in any form delivery systems require the sold for the purpose of seller to obtain a distributor’s being vaporized or license (and potentially a aerosolized by a device retail license), a certification [described above], from the consumer that they whether the component are at least age 21 years, or substance is sold verify the consumer’s age separately or is not sold through a third-party separately…[and] does verification system. The not include… [i]f sold delivery must contain a separately, batter prominent statement that chargers, straps or sales to persons under age 21 lanyards…” OR. REV. years are illegal and that STAT. ANN. §§ proof of age is required. OR. 323.500(8); 180.405(5) REV. STAT. ANN. § 323.706 (2021) (2021)

Tobacco products means “cigars,

124 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, moist snuff, cavendish, plug and twist tobacco, fine- cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds of and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, and inhalant delivery systems, but does not include cigarettes…” OR. REV. STAT. ANN. § 323-500(15) (2021) Pennsylvania Yes. 72 Tax and Packaging Electronic Tobacco Sale of electronic cigarettes Yes. 72 PA. Electronic PA. CONS. cigarettes taxed products (incl. to persons under age 21 (or CONS. cigarettes STAT. § Electronic cigarette at rate of 40% of electronic under age 18 if military STAT. § prohibited in 8201-A means “(1) [a]n purchase price cigarettes) must member or veteran) 8220-A(a) schools, on (2021); 18 electronic oral device, charged to the be sold in (2021) school vehicles

125 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 PA CONS. such as one composed retailer. 72 PA. original prohibited. 18 PA. CONS. and on school STAT. §§ of a heating element CONS. STAT. § manufacturer STAT. § 6305(a) (2021) property owned 6305(k), and battery or 8202-A(a.1) packaging or leased or 6306.1(d) electronic circuit, or (2021) without Self service displays of under the control (2021) both, which provides a modification or electronic cigarettes of a school vapor of nicotine or alteration. 72 restricted to specialty tobacco district. 18 PA. any other substance and PA. CONS. stores. 18 PA. CONS. STAT. § CONS. STAT. § the use or inhalation of STAT. § 1233-A 6305(a)(6) (2021) 6306.1 (2021) which simulates (2021) smoking. (2) The term Vending machine sales of includes: (i) [a] device electronic cigarettes as described in prohibited in locations paragraph (1), accessible to persons under notwithstanding age 21 (or under age 18 if whether the device is military member or veteran). manufactured, 18 PA. CONS. STAT. § distributed marketed or 6305(a)(4) (2021) sold as an e-cigarette, e-cigar and e-pipe or Persons under age 21 (or under any other under age 18 if military product, name or member or veteran) description[,] (ii) [a] prohibited from purchasing liquid or substance electronic cigarettes. 18 PA. placed in or sold for CONS. STAT. § 6305(a.1)(1) use in an electronic (2021) cigarette.” 72 PA. CONS. STAT. § 8201-A (2021)

126 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Tobacco products means “(1) Electronic cigarettes. (2) Roll- your-own tobacco. (3) Periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, dry snuff, snuff flour, cavendish, plug and twist tobacco, fine- cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or ingesting or for smoking in a pipe or otherwise, or any combination of chewing, ingesting or smoking [and does not include] cigars.” 72 PA. CONS. STAT. § 8201-A (2021)

127 U.S. E-Cigarette Regulation: A 50-State Review

Electronic cigarette means “[a]n electronic device that delivers nicotine or other substances through vaporization and inhalation.” 18 PA. CONS. STAT. §§ 6305(k); 6306.1(d) (2021)

Electronic nicotine delivery system or ENDS means “[a] product or device used, intended for use or designed for the purpose of ingesting a nicotine product [including] electronic cigarette.” 18 PA. CONS. STAT. §§ 6305(k); 6306.1(d) (2021)

Tobacco product means “(i) [a]ny product containing,

128 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, a cigarette, a cigar, a little cigar, chewing tobacco, pipe tobacco, snuff and snus. (ii) Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe and a hookah. (iii) Any product containing, made or derived from either: (A) [t]obacco,

129 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 whether in its natural or synthetic form; or (B) [n]icotine, whether in its natural or synthetic form, which is regulated by the United States Food and Drug Administration as a deemed tobacco product. (iv) Any component, part or accessory of the product or electronic device under subparagraphs (i), (ii) and (iii), whether or not sold separately.” 18 PA. CONS. STAT. §§ 6305(k); 6306.1(d) (2021) Rhode No. Electronic nicotine- N/A Electronic Sale/distribution of electronic Yes. 23 R.I. Use of electronic Island delivery system means nicotine nicotine delivery system to GEN. LAWS nicotine delivery “an electronic device delivery system persons under age 18 ANN. § 23- systems included that may be used to must be sold in prohibited. 11 R.I. GEN. 1-56(a) in definition of simulate smoking in the “original, LAWS ANN. §§ 11-9-13; 11- (2021) “smoking” and delivery of nicotine or factory- 9-13.10; 11-9-13.8(1) (2021) prohibited in other substance to a wrapped same places person inhaling from package.” 11 Public use/possession of smoking is the device, and R.I. GEN. LAWS electronic nicotine-delivery prohibited (23 includes, but is not systems by persons under age R.I. GEN. LAWS

130 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 limited to, an electronic ANN. § 11-9- 18 prohibited. 11 R.I. GEN. ANN. § 23-20.10- cigarette, electronic 13.8(2) (2021) LAWS ANN. § 11-9-14 (2021) 2(19) (2021) cigar, electronic (definition of cigarillo, electronic Electronic Purchase of electronic smoking)), pipe, or electronic nicotine nicotine-delivery systems by including public hookah and any related delivery system persons under age 18 places, health device and any liquids must be prohibited. 11 R.I. GEN. care facilities, cartridge or other sold in child- LAWS ANN. § 11-9-13 (2021) child and adult component of such resistant day care device.” 11 R.I. GEN. packaging. 11 Vending machine sales of facilities, LAWS ANN. § 11-9- R.I. GEN. electronic nicotine delivery common areas of 13.4(15) (2021); 23 LAWS. ANN. § systems restricted to locked multi-unit R.I. GEN. LAWS ANN. § 11-9-13.20(a), machines in locations housing (more 23-20.10-2(4) (2021) (b) (2021) continually supervised and in than 4 units), direct line of sight of public Liquid nicotine authorized person on a transportation, container means “a business premises or in schools and bottle or other locations inaccessible to indoor and container of a liquid or persons under age 21. 11 R.I. outdoor sports other substance where GEN. LAWS ANN. § 11-9- arenas (23 R.I. the liquid or substance 13.1(a) (2021) GEN. LAWS ANN. is sold, marketed, or § 23-20.10-3 intended for use in a Distribution of free electronic (2021)); vapor product nicotine-delivery systems or workplaces (23 [excluding such coupons for free products R.I. GEN. LAWS containers that are] within 500 feet of any school ANN. § 23-20.10- prefilled and sealed by prohibited. 11 R.I. GEN. 4 (2021)), with the manufacturer and LAWS ANN. § 11-9-13.10 some exceptions not intended to be (2021) (23 R.I. GEN. opened by the LAWS ANN. §§

131 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 consumer.” 11 R.I. Sale of flavored electronic 23-20.10-6; 23- GEN. LAWS. ANN. § nicotine delivery systems 20.10-6.1 11-9-13.20(c) (2021) prohibited. 216-50 R.I. CODE (2021)). R. § 15-6.10(A) (2021) Possession and use of e- cigarettes, including by visitors, prohibited in all Rhode Island Department of Corrections facilities, vehicles and property. 240-20 R.I. CODE R. §§ 1.6(D), 1.16(D)(8) (2021) (referencing R.I. Dep’t of Corrections Policy No. 8.08-2 DOC, Smoking and Tobacco Regulations (April 28, 2014) South No. Alternative nicotine N/A E-liquid Sale/distribution of No. Use of electronic Carolina product means “any containers alternative nicotine products cigarettes

132 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 vaping product, (except those to persons under age 18 prohibited in whether or not it that are sealed prohibited. S.C. CODE ANN. ambulances. S.C. includes nicotine, and not §§ 16-17-500(A); 16-17- CODE ANN. including electronic intended to be 502(A) (2021) REGS. 61-7 § smoking devices, that opened by 601(O) (2021) can be ingested into the consumers) Purchase/possession of body by chewing, must be child- alternative nicotine products All school smoking, absorbing, resistant and be by persons under age 18 districts must dissolving, inhaling, or labeled prohibited. S.C. CODE ANN. adopt, implement by any other means.” appropriately § 16-17-500(F)(1) (2021) and enforce a S.C. CODE ANN. § 16- with warnings written policy 17-501(6) (2021) as prescribed Vending machine sales of prohibiting the by federal alternative nicotine products use of alternative Electronic smoking regulation. S.C. restricted to locations nicotine products device means “any CODE ANN. § inaccessible to persons under in and on school device that may be 16-17-506(2) age 18 or locked and under property, and at used to deliver any (2021) control of owner. S.C. CODE school-sponsored aerosolized or ANN. § 16-17-500(D) (2021) events. S.C. vaporized substance, CODE ANN. § 59- including e-liquid, to Internet or remote sales of 1-380 (2021) the person inhaling alternative nicotine products from the device, require third party age Vaping including, but not verification. S.C. CODE ANN. prohibited child limited to, an e- § 16-17-500(C) (2021) residential care cigarette, e-cigar, e- facility vehicles. pipe, vape pen, vapor Specialty alternative nicotine S.C. CODE ANN. product, or e-hookah shops must prohibit entry to REGS. 114-593 [including] any persons under age 18 years. (X)(7) (2021) component, part or S.C. CODE ANN. § 16-17- accessory of the device, 500(J)(1) (2021)

133 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance includes nicotine.” S.C. CODE ANN. § 16-17-501(7) (2021)

E-liquid means “a substance that: (a) may or may not contain nicotine; (b) is intended to be vaporized and inhaled using a vapor product; and (c) is a legal substance under the laws of this State and the laws of the United States…” S.C. CODE ANN. § 16-17- 501(8) (2021)

Vapor product means “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.” S.C. CODE

134 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 ANN. § 16-17-501(9) (2021) South Yes. Vapor product means N/A Vapor products Sale/distribution of vapor No. Use of electronic Dakota S.D. “any noncombustible must be sold in products to persons under smoking device CODIFIED product containing original age 21 prohibited. S.D. prohibited similar LAWS § 34- nicotine that employs a manufacturer’s CODIFIED LAWS § 34-46-2(1) to smoking (S.D. 46-1(7) heating element, power packaging. S.D. (2021) CODIFIED LAWS (2021) source, electronic CODIFIED § 34-46-1(6)) circuit, or other LAWS § 34-46- Purchase/possession/ use of (definition of electronic, chemical, or 21 (2021) vapor products by persons smoking), mechanical means, under age 21 prohibited. S.D. including public regardless of shape or CODIFIED LAWS § 34-46-2(2) places and size, that can be used to (2021) workplaces. produce vapor from (S.D. CODIFIED nicotine in a solution or Distribution of free vapor LAWS § 34-46-14 other form [including] products within 500 feet of (2021)) any electronic cigarette, school, playground, or other electronic cigar, facility primarily used by Department of electronic cigarillo, persons under age 21 Corrections electronic pipe, or prohibited. S.D. CODIFIED policy prohibits similar product or LAWS § 34-46-2(7) (2021) the use of device and any vapor electronic cartridge or other Self-service displays of vapor cigarettes by staff container of nicotine in products restricted to tobacco and offenders in a solution or other form specialty store or vending all buildings and that is intended to be machines inaccessible to offices, on all used with or in an persons under age 21. S.D. real property [aforementioned] CODIFIED LAWS §§ 34-46- owned, leased or device [or an electronic 2(5); 34-46-21 (2021) occupied by the smoking device].” S.D. Department, and

135 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 CODIFIED LAWS § 34- all state vehicles. 46-20 (2021) The policy defines electronic Electronic smoking cigarettes as “any device means “any e- device that turns cigarette, e-cigar, e- vaping material pipe, e-hookah, or vape into vapor.” pen containing or [D]evices delivering nicotine or typically consist any other substance of a mouthpiece, intended for human cartridges, consumption that may atomizer, heating be used by a person in element, and a any manner for the unit containing a purpose of inhaling rechargeable vapor or aerosol from battery and the product.” S.D. various electronic CODIFIED LAWS § 34- circuits…” S.D. 46-1(1) (2021) Dep’t of Corrections Tobacco product Policy § 1.3.C.7 means, “any item made (June 14, 2021) of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products…. ” S.D. CODIFIED LAWS § 34-46-1(7) (2021)

136 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Tennessee Yes. TENN. Vapor product means N/A Liquid nicotine Sale/distribution of vapor No. Use of vapor CODE “any noncombustible containers must products to persons under products ANN. § 39- product containing be child- age 21 years prohibited. included in 17- nicotine or any other resistant. TENN. TENN. CODE ANN. §§ 39-17- definition of 1503(11) substance that employs CODE ANN. § 1504(a); 39-15-408 (2021) “smoking” (2021) a mechanical heating 39-17-1512(b) (TENN. CODE element, battery, (2021) Purchase/possession of vapor ANN. § 39–17– electronic circuit, or products by persons under 1802(16)(B) other mechanism, age 21 prohibited. TENN. (2021) regardless of shape or CODE ANN. §§ 39-17- (definition of size, that can be used to 1505(a); 39-15-409 (2021) smoking)) and produce or emit a prohibited in visible or non-visible Minors permitted to handle enclosed public vapor [including] any vapor products in the course spaces (TENN. electronic cigarette, of employment when under CODE ANN. § electronic cigar, the supervision of someone 39–17–1803 electronic cigarillo, at least 21 years of age. (2021)), with electronic pipe, or TENN. CODE ANN. § 39-17- some exemptions similar product, and 1505(f) (2021) (TENN. CODE any vapor cartridge, ANN. § 39–17– any substance used to Vending machine sales of 1804) (2021)). refill a vapor cartridge, vapor products inaccessible (Effective July 1, or other container of a to persons under age 21 years 2021) solution containing of age, or other places where nicotine or any other under continuous supervision Use of vapor substance that is or operated by token. TENN. products intended to be used CODE ANN. § 39-17-1507 restricted to areas with or in an (2021) children not [aforementioned] allowed at child product....” TENN. care centers, any

137 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 CODE ANN. § 39-17- Self-service displays of vapor room or area in a 1503(12) (2021) products prohibited. TENN. community CODE ANN. § 39-17-1511(b) center while the Liquid nicotine (2021) area is used for container means “a children’s bottle or other Distribution of free vapor activities, group container that contains products/samples prohibited care homes, liquid nicotine or any on “any public street, healthcare other substance sidewalk, or park.” TENN. facilities, containing nicotine, CODE ANN. § 39-17-1504(c) museums, where the liquid or (2021) schools, school other substance is sold, grounds, marketed, or intended Distribution by mail of vapor residential for use in a vapor products requires distributor treatment product [except obtain an affirmative facilities for containers] prefilled statement from recipient that children and and sealed by the the person is 21 years or youth, youth manufacturer, and not older. TENN. CODE ANN. § development intended to be opened 39-17-1504(d) (2021) centers, zoos. by the consumer.” TENN. CODE TENN. CODE ANN. § ANN. § 39-17- 39-17-1512(a) (2021) 1604 (2021)

Smoking material Use of electronic means “tobacco or nicotine delivery hemp that is offered for systems sale to the public with prohibited at the intention that it is Tennessee consumed by smoking, Technological as well as any University,

138 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 noncombustible Cookeville product containing Student Housing. nicotine or any other TENN. COMP. R. substance intended for & REGS. 0240- use in a vapor 09-02-.05(2)(d) product....” TENN. (2021) CODE ANN. § 39-15- 407(5) (2021) Use of vaping and e-cigarette Smoking paraphernalia products means “a cigarette prohibited in holder, cigarette Sullivan County papers, smoking pipe, courts. SECOND water pipe, vapor JUDICIAL product...or other item DISTRICT LOCAL that is designated RULES OF primarily to hold PRACTICE, RULE smoking material while 14.09 (2021) the smoking material is being smoked.” TENN. CODE ANN. § 39-15- 407(6) (2021)

Smoking paraphernalia means “(A) [a] cigarette holder; (B) [a] smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without

139 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 screens, permanent screens, hashish heads or punctured metal bowls; (C) [a] water pipe; (D) [r]ose and pen combinations; or (E) [v]apor products....” TENN. CODE ANN. § 39-17- 1511(3) (2021) Texas No. E-cigarette means “an N/A Liquid nicotine Sale/distribution of e- Yes. Use of e- electronic cigarette or sold as an cigarettes and Persons cigarettes any other device that accessory for distribution/redemption of engaged in restricted to simulates smoking by an e-cigarette coupons for e-cigarettes to delivery designated areas using a mechanical must be sold in persons under age 21 is sales of e- in schools, heating element, a child-resistant prohibited (unless purchaser cigarettes elevators, battery, or electronic container is at least 18 and has U.S. or must enclosed theaters, circuit to deliver unless prefilled state military ID card). TEX. register with libraries, nicotine or other and sealed by HEALTH & SAFETY CODE the museums, substances to the the ANN. §§ 161.082; 161.087 comptroller. hospitals, certain individual inhaling manufacturer (2021) TEX. buses, planes and from the device and not HEALTH & trains. TEX. [including products intended to be Purchase/possession/use of e- SAFETY PENAL CODE sold as] e-cigarette, e- opened by a cigarettes by persons under CODE ANN. ANN. § 48.01(a- cigar, or e-pipe or consumer. TEX. age 21 years prohibited § 161.456 1), (d) (2021) under another product HEALTH & unless at least 18 with a U.S. (2021) name or description SAFETY CODE or state military ID card. School trustees [and including any] ANN. § TEX. HEALTH & SAFETY must prohibit e- component, part, or 161.0875 CODE ANN. § 161.252 (2021) cigarette use and accessory for the (2021) student

140 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 device [whether or not] Self-service/vending sales of possession of e- sold separately....” TEX. e-cigarettes restricted to cigarettes at “a HEALTH & SAFETY locations inaccessible to school-related or CODE ANN. § persons under age 21. TEX. school- 161.081(1-a) (2021) HEALTH & SAFETY CODE sanctioned ANN. § 161.086 (2021) activity on or off Vapor products means school property.” “electronic cigarettes Retailers of e-cigarette TEX. EDUC. (e-cigarettes) or any delivery sales must register CODE ANN. § other device that uses a with the state, verify, at time 38.006(b) (2021) mechanical heating of purchase and at delivery, element, battery, or that the purchaser is over 21 Use of e- electronic circuit to years of age, include a notice cigarettes or deliver vapor that may about the prohibition on vapor products is include nicotine to the selling e-cigarettes to minors, prohibited at individual inhaling and file certain information school, and from the device, or any about the purchaser with the before/after- substance used to fill or comptroller. TEX. HEALTH & school programs, refill the device.” 37 SAFETY CODE ANN. § including the TEX. ADMIN. CODE § 161.452(c) (2021) premises, 151.25(a)(8) (2021) playground, transportation vehicles, and during field trips. 40 TEX. ADMIN. CODE § 744.2603(d) (2021)

141 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Use of vapor products is prohibited inside Department of Criminal Justice facilities, but permitted in designated outdoor areas. 37 TEX. ADMIN. CODE § 151.25(d) (2021)

Use of e- cigarettes prohibited at childcare homes and centers, including playgrounds, vehicles, and during off-site field trips. 40 TEX. ADMIN. CODE §§ 746.3703(d); 747.3503(d) (2021)

142 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 E-cigarette use in residential child care facilities and in vehicles transporting children prohibited. 40 TEX. ADMIN. CODE § 748.1661 (2021)

Use of electronic cigarettes prohibited in licensed pediatric extended care transportation vehicles. 26 TEX. ADMIN. CODE § 550.1102(d)(3) (2021)

In foster homes, adults must use e-cigarettes outside, and may not use e- cigarettes when transporting children by car.

143 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 26 TEX. ADMIN. CODE. § 749.2931 (2021) Utah Yes. Sales and Use Electronic Sales of Selling/distributing electronic Yes. Use of electronic UTAH Restrictions cigarette unsealed cigarette product to persons Selling/distr cigarettes CODE substances and electronic under age 21 prohibited. ibuting included in ANN. §§ Electronic cigarette prefilled cigarette UTAH CODE ANN. §§ 76-10- electronic definition of 26-62- means “(i) any electronic substances 104(2), 104.1(2)(a), 114(2) cigarettes “smoking” and 102(13); electronic oral device: cigarettes taxed (e.g., refillable (2021) requires a prohibited in 17-50- (A) that provides an at rate of .56 of or open state same places 333(1)(j); aerosol or vapor of the systems) must Purchase/possession of license. smoking is 10-8- nicotine or other manufacturer’s comply with electronic cigarette product UTAH CODE prohibited (UTAH 41.6(1)(j) substance; and (B) sales price. UTAH state labeling, by person younger than 21 ANN. § 59- CODE ANN. § 26- (2021) which simulates CODE. ANN. § packaging, and years of age prohibited. 14-803(1) 38-2(6) (2021) smoking through the 59-14-804(2)(a) nicotine content UTAH CODE ANN. §§ 76-10- (2021) (defining use or inhalation of the (2021) restrictions 105(1), (2) (2021) smoking)), device; (ii) a including: Retailers of including most component of [such a required safety Retail sales of electronic electronic public indoor device]; or (iii) an warning, cigarette product to consumer cigarettes spaces (with accessory sold in the prohibition on must be through a face-to- must hold a some same package as [such labels reflecting face exchange, except sales valid exceptions). a device]…[and] certain through a tobacco specialty tobacco UTAH CODE includes an oral device additives, shop, vending machine, retail permit ANN. § 26-38-3 that is: (i) composed of maximum legally compliant remote from local (2021) a heating element, nicotine levels, sales, or self-service display health battery, or electronic and child- inaccessible to persons under department. Distribution of circuit; and (ii) resistant age 21. UTAH CODE ANN. § UTAH CODE electronic marketed, packaging, 76-10-105.1(2), (3) (2021) ANN. §§ 26- cigarette manufactured, UTAH ADMIN. 62-201; 17- products distributed, or sold as CODE r. 384- 50- prohibited in a

144 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 [an e-cigarette, e-cigar, 415-3 through Tobacco specialty businesses 333(3)(a); correctional e-pipe or]…any other 384-415-6 (including those selling 10-8- facility. UTAH product name or (2021) electronic cigarettes) must 41.6(3)(a); CODE ANN. § 76- descriptor....” UTAH (authorized by prohibit anyone under age 21 59-14- 8-311.3(5)(d) CODE ANN. § 76-10- UTAH CODE from entering (unless 803(1) (2021) 101(4) (2021) ANN. § 26-57- accompanied by parent or (2021) 103 (2021)) legal guardian, or is present School boards Electronic cigarette solely to provide a service to directed to adopt product means “an the business, including rules prohibiting electronic cigarette, an making a delivery, is use and electronic cigarette monitored by an employee possession of substance, or a prefilled and not permitted to make electronic electronic cigarette.” any purchase). UTAH CODE cigarettes on UTAH CODE ANN. § ANN. §§ 26-62-205(1)(b); school property 76-10-101(5) (2021) 76-10-105.1(4) (2021) and at sponsored activities. UTAH Electronic cigarette Tobacco retail specialty CODE ANN. § substance means “any businesses (including those 53G-8- substance, including selling electronic cigarettes) 209(2)(b)(ii)(B) liquid containing must be located 1,000 feet (2021) nicotine, used or from “community intended for use in an location[s]” (including, but Use of e- electronic cigarette.” not limited to, schools, cigarettes UTAH CODE ANN. § churches, playgrounds and prohibited in cars 76-10-101(6) (2021) youth centers), 600 feet from when person 15 other tobacco specialty years or younger Tobacco paraphernalia shops, and 600 feet from is present. UTAH means “equipment, property used or zoned for CODE ANN. § 41- product, or material of agriculture or residential use 6a-1717 (2021) any kind that is used, (with some exemptions).

145 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 intended for use, or UTAH CODE ANN. §§ 17-50- designed for use to 333(4)(a); 10-8-41.6(4)(a); package, repackage, 17-50-333(7) (exemptions); store, contain, conceal, 10-8-41.6(7) (2021) ingest, inhale, or (exemptions) otherwise introduce a tobacco product [or] an Tobacco retail specialty electronic cigarette businesses may not employ substance…into the individuals under 21 years of human body.” UTAH age to sell electronic CODE ANN. § 76-10- cigarette products or permit 101(18)(a) (2021) an employee under 21 years of age to sell an electronic Prefilled electronic cigarette product. UTAH cigarette means “an CODE. ANN. § 26-62-205(2) electronic cigarette that (2021) is sold prefilled with an electronic cigarette No place of business may substance.” UTAH knowingly permit an CODE ANN. § 76-10- individual under age 21 years 101(14) (2021) to frequent a place of business while using an Tobacco product electronic cigarette product. means “a tobacco UTAH CODE ANN. § 76-10- product [or] tobacco 103 (2021) paraphernalia.” UTAH CODE ANN. §§ 26-62- Distribution of electronic 102(13); 17-50- cigarette samples restricted to 333(1)(j); 10-8- distribution to adults at 41.6(1)(j) (2021) “professional conventions.”

146 U.S. E-Cigarette Regulation: A 50-State Review

Electronic cigarette products may not be sold or furnished at less than cost or at a discount through a combination sale. UTAH CODE. ANN. § 76-10-111(2) (2021)

Internet and other remote sales restricted to “licensed persons” (including licensed distributors, manufacturers and retailers). UTAH CODE ANN. § 59-14-808(2) (2021)

Flavored electronic cigarette products may only be sold through tobacco retail specialty businesses. UTAH CODE ANN. § 76-10-113(1) (2021)

147 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Vermont Yes. 32 Sales and Use Tobacco Liquid nicotine Sale/distribution of tobacco Yes. Use of tobacco VT. STAT. Restrictions substitutes taxed must be sold in substitutes to persons under 7 VT. STAT. substitutes ANN. § at rate of 92% of child-resistant age 21 prohibited. 7 VT. ANN. § restricted similar 7702(15) Tobacco substitute wholesale price. packaging, STAT. ANN § 1003(a) (2021) 1002(a) to smoking and (2021) means “products, 32 VT. STAT. excluding pre- (2021) prohibited in including electronic ANN. § 7811(a) filled cartridges Purchase/possession of public places, cigarettes or other (2021) not intended to tobacco substitutes by including indoor electronic or battery- be opened by persons under age 21 public places, powered devices, that consumer. 7 prohibited. 7 VT. STAT. ANN. grounds of contain or are designed VT. STAT. § 1005(a)(1) (2021) publicly owned to deliver nicotine or ANN. § 1012(a) buildings and other substances into (2021) Self-service displays within 25 feet of the body through the restricted to locations any state owned inhalation of vapor....” inaccessible to persons under building, and in 7 VT. STAT. ANN. § age 21 years. 7 VT. STAT. workplaces (with 1001(8) (2021) ANN. § 1003(c)(2) (2021) some exceptions). 18 Nicotine liquid No person under the age of VT. STAT. ANN. container means “a 16 years may sell tobacco §§ 1742; 1743 bottle or other substitutes. 7 VT. STAT. ANN. (exceptions); container of a nicotine § 1002(f) (2021) 1421(a) (2021) liquid or other substance containing Mail order, phone order, and Use of tobacco nicotine that is sold, internet sales of tobacco substitutes marketed, or intended substitutes and nicotine- prohibited at for use in a tobacco containing substances child care substitute [except a restricted to sales to licensed facilities and container] prefilled and wholesalers and retailers. 7 afterschool sealed by the VT. STAT. ANN. § 1010(b) programs. 33 VT. manufacturer and not (2021)

148 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 intended to be opened STAT. ANN. § by the consumer.” 7 3504(a) (2021) VT. STAT. ANN. § 1012(b)(2) (2021) Use of tobacco substitutes Tax prohibited on “public school Other tobacco products grounds” and at means “any product sponsored events. manufactured from, 16 VT. STAT. derived from, or ANN. § 140 containing tobacco that (2021) is intended for human consumption by Use of tobacco smoking, chewing , or substitutes in any other manner, prohibited in cars including products sold occupied by a as a tobacco child under 18 substitute…and years of age. 23 including any liquids, VT. STAT. ANN. whether nicotine based § 1134b(a) or not, or delivery (2021) devices sold separately for use with a tobacco substitute; but shall not include cigarettes, little cigars, roll-your-own tobacco, snuff, or new smokeless tobacco…”

149 U.S. E-Cigarette Regulation: A 50-State Review

Virginia No. Nicotine vapor product Liquid nicotine Liquid nicotine Sale/distribution of nicotine No. School boards means “any taxed at rate of must be sold in vapor products to persons directed to noncombustible 6.6 cents per ml. a child-resistant under age 21 prohibited develop and product containing VA. CODE ANN. container (unless person is active duty implement policy nicotine that employs a § 58.1-1021.02 (except sealed, military 18 years of age or to prohibit use heating element, power (2021) prefilled older). VA. CODE ANN. §§ and distribution source, electronic cartridges not 18.2-371.2(A), (B), (D) of nicotine vapor circuit, or other intended to be (2021) products on electronic, chemical, or opened by school bus, mechanical means, consumer). VA Purchase/possession of school property regardless of shape or CODE ANN. § nicotine vapor product by and at school- size, that can be used to 59.1-293.11(A) person under age 21 sponsored produce vapor from (2021) prohibited (unless person is activities. VA. nicotine in a solution or active duty military 18 years CODE ANN. §§ other form [including] of age or older). VA. CODE 22.1-79.5; 22.1- any electronic cigarette, ANN. §§ 18.2-371.2(B), (D) 279.6(H) (2021) electronic cigar, (2021) electronic cigarillo, electronic pipe, or Mail order and internet sales similar product or of nicotine vapor products device and any require verification that cartridge or other purchaser is over age 21 at

150 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 container of nicotine in time of purchase and a solution or other form signature of recipient over that is intended to be age 21 at time of delivery used with or in an (unless purchaser is active [aforementioned] duty military 18 years of age device.” VA. CODE or older). VA. CODE ANN. §§ ANN. §§ 18.2-371.2(I); 18.2-371.2(C), (D) (2021) 58.1-1021.01 (2021) Vending machine sales of Liquid nicotine means nicotine vapor products “a liquid or other restricted to places not substance containing generally accessible to nicotine in any persons under age 21 years. concentration that is VA. CODE ANN. § 18.2- sold, marketed, or 371.2(A) (2021) intended for use in a nicotine vapor product.” VA. CODE ANN. §§ 58.1-1021.01; 59.1-293.10 (2021)

Liquid nicotine container means “a bottle or other container holding liquid nicotine in any concentration [except containers] prefilled and sealed by the manufacturer...and...not

151 U.S. E-Cigarette Regulation: A 50-State Review

Washington No. Sales and Use Vapor products Liquid nicotine Sale/distribution of vapor Yes. WASH. Use of vapor Restrictions taxed at rate of containers must products to persons under REV. CODE products $0.27 per be child age 21 prohibited. WASH. ANN. § prohibited in and Vapor product means milliliter of resistant. REV. CODE ANN. § 70.345.030( on grounds of “any noncombustible solution. WASH WASH. REV. 26.28.080(1) (2021) 1)(a) (2021) child care product that may REV. CODE ANN. CODE ANN. § facilities, contain nicotine and § 70.345.130(1) Purchase/possession of vapor schools, that employs a heating 82.25.010(1)(a)(i (2021) products by persons under playgrounds, element, power source, ) (2021) age 18 prohibited. WASH. school buses, electronic circuit, or All liquid REV. CODE ANN. § elevators, and other electronic, Accessible nicotine 70.345.140(1) (2021) within 500 feet of chemical, or container of containers must schools. WASH. mechanical means, solution greater be labeled with Self-service displays of vapor REV. CODE ANN. regardless of shape or than 5 milliliters a warning products prohibited except in § 70.345.150 size, that can be used to subject to tax of regarding the retailers inaccessible to (2021) produce vapor or $0.09 per harmful effects persons under age 21. WASH. aerosol from a solution milliliter of of nicotine, a REV. CODE ANN. § Vaping or other substance solution.” WASH warning to 70.345.080 (2021) prohibited in [including] any REV. CODE ANN. keep the vapor indoor early electronic cigarette, § product away Samples of vapor products learning electronic cigar, 82.25.010(1)(a)(i from children, a must take place within facilities, electronic cigarillo, i) (2021) warning that licensed retail premises that vehicles used to

152 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic pipe, or vaping is illegal is restricted to those over the transport similar product or for minors, and age of 21 years, contain no children, and device and any vapor for open nicotine (unless “customer outdoors on cartridge or other systems, a explicitly consents”), and use property during container that may disclosure of a disposable mouthpiece. nonbusiness contain nicotine in a the amount of WASH. REV. CODE ANN. § hours in a place solution or other form nicotine in 70.345.100 (2021) that would not be that is intended to be milligrams per considered a used with or in [such a milliliter, along Free vapor product “public place” device].” WASH. REV. with the total distribution prohibited and at least 25 CODE ANN. § volume of the without contemporaneous feet from 70.345.010(18) (2021) container in purchase of vapor product. entrances, milliliters. WASH. REV. CODE ANN. § windows and Closed system nicotine WASH. REV. 70.345.110 (2021) vents. WASH. container means “a CODE ANN. § ADMIN. CODE § sealed, prefilled, and 70-345-075(1) Sale of vapor products 110-300-0420(2) disposable container of (2021) containing vitamin E acetate (2021) nicotine in a solution or prohibited. WASH. ADMIN. other form in which CODE § 246-80-021 (2021) Use of electronic such container is cigarettes within inserted directly into an Delivery sales of vapor public electronic cigarette, products prohibited unless institutions of electronic nicotine seller has a valid delivery higher education delivery system, or sale license, verifies the age restricted through other similar product, if of the purchaser through a regulation (e.g., the nicotine in the third-party database, and Eastern container is only accepts payment Washington inaccessible through through a credit or debit card University customary or in the purchaser’s name. WASH. ADMIN. reasonably foreseeable CODE § 172-122-

153 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 handling or use, WASH. REV. CODE ANN. §§ 310 (2021); including reasonably 70.345.090(1)-(7) (2021) Peninsula foreseeable ingestion or College WASH. other contact by Sales/distribution, and/or ADMIN. CODE § children.” WASH. REV. advertisement of electronic 132A-125- CODE § 70.345.010(4) cigarettes on certain 030(10)(d) (2021) campuses of higher education (2021); Spokane prohibited. (e.g., Eastern Falls Community Liquid nicotine Washington University College WASH. container means “a WASH. ADMIN. CODE § 172- ADMIN. CODE § package from which 122-310(3) (2021);WSU 132Q-10-231 nicotine in a solution or Vancouver WASH. ADMIN. (2021); other form is accessible CODE §§ 504-37-020(5), (7) Bellingham through normal and (2021); Washington State Technical foreseeable use by a University Pullman WASH. College WASH. consumer and that is ADMIN. CODE §§ 504-38- ADMIN. CODE § used to hold soluble 020(6), (8) (2021)) 495B-140-070(2) nicotine in any (2021); concentration [except] Washington State closed system nicotine University containers.” WASH. Vancouver REV. CODE ANN. § WASH. ADMIN. 70.345.010(8) (2021) CODE § 504-37- 020 (2021); Tax Washington State University Vapor product means Pullman WASH. “any noncombustible ADMIN. CODE § product containing a 504-38-020 solution or other (2021); Bellevue

154 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 consumable substance, College WASH. regardless of whether it ADMIN. CODE § contains nicotine, 132H-126- which employs a 100(26) (2021); mechanical heating Lake Washington element, battery, or Institute of electronic circuit Technology regardless of shape or WASH. ADMIN. size that can be used to CODE § 495D- produce vapor from the 140-070(4) solution or other (2021); and substance, including an University of electronic cigarette, Washington electronic cigar, WASH. ADMIN. electronic cigarillo, CODE § 478-136- electronic pipe, or 035 (2021)) similar product or device. The term also Use of electronic includes any cartridge smoking devices or other container of in State veteran liquid nicotine, homes prohibited solution, or other (except consumable substance, designated regardless of whether it outdoor smoking contains nicotine, that areas). WASH. is intended to be used ADMIN. CODE § with or in a device that 484-20-090(1)(h) can be used to deliver (2021) aerosolized or vaporized nicotine to a

155 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 person inhaling from the device and is sold for such purpose.” WASH. REV. CODE ANN. § 82.25.005(15) (2021)

Accessible container means “a container that is intended to be opened.” WASH. REV. CODE ANN. § 82.25.005(1) (2021) West Yes. Youth Access and Use E-cigarette liquid N/A Sale/distribution of vapor No. Use of tobacco- Virginia W. VA. taxed at rate of products to persons under derived products CODE Tobacco product and $0.075 per age 18 years prohibited. W. prohibited in ANN. § 16- tobacco-derived milliliter or VA. CODE ANN. § 16-9A- schools and on 9A-2(a)(1) product mean “any fraction thereof. 2(b)(3) (2021) school grounds (2021) product, containing, W. VA. CODE except those made or derived from ANN. § 11-17- Vending machine sales of areas not used for tobacco, or containing 4b(b)(1) (2021) vapor products restricted to instructional nicotine derived from places inaccessible to persons purposes and tobacco, that is under age 18. W. VA. CODE inaccessible to intended for human ANN. § 16-9A-8 (2021) students. W. VA. consumption, whether CODE ANN. § 16- smoked, breathed, Use/possession of tobacco 9A-4 (2021) chewed, absorbed, products or tobacco-derived dissolved, inhaled, products by persons under Use of e- vaporized, snorted, age 18 prohibited. W. VA. cigarettes in sniffed or ingested by state-owned

156 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 any other means, CODE ANN. § 16-9A-3 vehicles including but not (2021) prohibited. W. limited to cigarettes, VA. CODE R. § cigars, cigarillos, little 148-3-7.7 (2021) cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco- containing products. A ‘tobacco-derived product’ includes electronic cigarettes or similar devices, alternative nicotine products and vapor products.” W. VA. CODE ANN. § 16-9A- 2(a)(1) (2021)

Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to

157 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.” W. VA. CODE ANN. § 16-9A-2(a)(3) (2021)

Tax

E-cigarette means “an electrical or electronic device that provides a smoke, vapor, fog, mist, gas or aerosol suspension of nicotine or another substance that, when used or inhaled, simulates the

158 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 activity of smoking…[including] but not limited to, a device that is composed of a heating element, battery or electrical or electronic circuit, or a combination of heating element, battery and electrical or electronic circuit, which works in combination with e- liquid to produce an inhalable product...[including products marketed or sold as] e-cigarette, e- cigar, e-pipe or under any other name or descriptor.” W. VA. CODE ANN. § 11-17- 4b(a)(1) (2021)

E-cigarette liquid means “any of the liquids or liquid mixtures used in e- cigarettes and is also known as e-juice, e- fluid, e-liquid, or e-

159 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 liquid product...[including] e- cigarette liquid mixing kits and…components. When used in, or with, an e-cigarette, e- cigarette liquid is vaporized or otherwise converted into an inhalable product. E- cigarette liquid may or may not include, without limitation, propylene glycol, vegetable glycerin, nicotine from any source or flavorings.” W. VA. CODE ANN. § 11-17-4b(a)(2) (2021) Wisconsin No. Nicotine product means Vapor products N/A Sale/distribution of nicotine No. E-cigarette use “a product that contains taxed at rate of products to persons under prohibited at nicotine and is not...1. $0.05 per ml of age 18 prohibited. WIS. State Fair Park A tobacco product. 2. liquid or other STAT. ANN. § 134.66(2)(a) indoor facilities A cigarette. 3. A[n substance. WIS. (2021) and main stage FDA-approved] STAT. ANN. § area. Wisconsin smoking cessation 139.76(1m) Sampling of nicotine State Fair Park product....” WIS. STAT. (2021) products restricted to places Admission ANN. § 134.66(1)(f) inaccessible to persons under Policies (2021) age 18 (without

160 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 Vapor product means parent/guardian). WIS. STAT. “a noncombustible ANN. § 134.66(2)(am) (2021) product that produces vapor or aerosol for Purchase/possession of inhalation from the nicotine products by persons application of a heating under age 18 prohibited. element to a liquid or WIS. STAT. ANN. § 254.92(2) other substance that is (2021) depleted as the product is used, regardless of whether the liquid or other substance contains nicotine.”WIS. STAT. ANN. § 139.75(14) (2021) Wyoming No. Sales Restrictions: Electronic Liquid nicotine Sales/distribution/delivery of Yes, for Use of electronic cigarettes and containers must electronic cigarettes to wholesalers cigarettes Electronic cigarette vapor material “be sold in persons under age 21 and prohibited in means “any device that purchased or child resistant prohibited. WYO. STAT. manufacture child care can be used to deliver imported by packaging.” ANN. §§ 14-3-302(a), (c) rs. WYO. facilities when aerosolized or wholesalers WYO. STAT. (2021) STAT. ANN. children are vaporized nicotine or taxed at rate of ANN. § 35-7- § 39-18-106 present. FAMILY synthetic nicotine 15% of the 2002(a) (2021) Purchase of electronic (2021) SERVICES ch. 4 material to the person wholesale price. cigarettes by persons under WYO. CODE R. § using the device and WYO. STAT. age 21 prohibited. WYO. 14(t) (2021) includes any ANN. § 39-18- STAT. ANN. § 14-3-304(a) component, part and 104(g) (2021) (2021) accessory of the device and any vapor material If tax not paid at Possession/use of electronic intended to be time of wholesale cigarettes by persons under

161 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 aerosolized or purchase, age 21 prohibited. WYO. vaporized during the consumers must STAT. ANN. § 14-3-305(a) use of the device pay tax at a rate (2021) [including] any of 7.5% of the electronic cigar, retail price of Self-service displays and electronic cigarillo, electronic vending machine sales of electronic pipe, cigarettes and electronic cigarettes electronic hooka, vapor vapor material. restricted to locations pen and any similar WYO. STAT. inaccessible to persons under product or device…” ANN. § 39-18- age 21. WYO. STAT. ANN. § WYO. STAT. ANN. §§ 104(h) (2021) 14-3-303(b) (2021) 14-3-301(a)(v); 39-18- 101(a)(ix) (2021) Remote sales require third party age verification and Vapor material means signature of person at least “any liquid solution or 21 years of age upon receipt. other material WYO. STAT. ANN. §§ 14-3- containing nicotine or 309(a), (b) (2021) synthetic nicotine that is depleted as an electronic cigarette is used [including] liquid solution or other material containing nicotine or synthetic nicotine that is sold with or inside an electronic cigarette.” WYO. STAT. ANN. §§

162 U.S. E-Cigarette Regulation: A 50-State Review

Nicotine product means “tobacco products…, electronic cigarettes and vapor material.” WYO. STAT. ANN. §§ 39-18-101(a)(xi); 14-3- 301(vi) (2021)

Packaging restrictions:

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 [including] any electronic cigarette, electronic cigar, electronic cigarillo,

163 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic pipe or similar product or device, including any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.” WYO. STAT. ANN. § 35-7- 2001(a)(iii) (2021)

Liquid nicotine container means “a bottle or other container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in a vapor product [not including a cartridge that is] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” WYO.

164 U.S. E-Cigarette Regulation: A 50-State Review

American No. N/A N/A N/A N/A N/A N/A Samoa (Not available via Westlaw) Guam Yes. 10 Youth Access N/A N/A Sale/distribution of electronic N/A Use of electronic GUAM cigarettes (including any smoking devices CODE Electronic cigarettes or refill, cartridge, or any other restricted similar ANN. § e-cigarettes means component part) to persons to smoking, 90103(q) “battery-operated under age 21 prohibited. 11 including (2021) products designed to GUAM CODE ANN. §§ enclosed public deliver nicotine, flavor, 6102(l); 6401(a) (2021) spaces, within 20 and other chemicals. feet of the They turn nicotine, Possession/use/purchase of entrance or exit which is highly electronic cigarettes of enclosed addictive, and other (including any refill, public spaces, in chemicals into a vapor cartridge, or any other motor vehicles that is inhaled by the component part) by persons with children user.” 11 GUAM CODE under age 21 prohibited. 11 under age 17 or a ANN. § 6102(l) (2021) GUAM CODE ANN. §§ pregnant woman, 6102(l); 6401(a)(2); 6406 and designated Use (2021) smoke-free areas of places of Electronic smoking Vending machine sales of employment. 10 device means “any electronic cigarettes must be GUAM CODE

165 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 electronic product that located in areas inaccessible ANN. §§ can be used to to persons under age 21 or 90103(o) aerosolize and/or under constant supervision (definition of deliver nicotine or by authorized person. 11 “smoking”); other substances to the GUAM CODE ANN. § 6401(b) 90105; 90106(a); person inhaling from (2021) 90114(a) (2021) the device, including…an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately.” 10 GUAM CODE ANN. § 90103(d) (2021)

Tobacco product means “any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed,

166 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device.” 10 GUAM CODE ANN. § 90103(q) (2021) Northern Yes. 4 N. Electronic nicotine Vaporizer liquid N/A Sale/giving electronic Yes. 4 N. Use of electronic Mariana MAR. I. delivery system or taxed as tobacco cigarettes to persons under MAR. I. cigarette Islands (Not CODE § electronic cigarette products at 60% age 21 prohibited. 6 N. MAR. CODE § included in available 50131(a) means “a battery- ad valorem. 70 I. CODE §§ 3110(a), (b) 50131(b) definition of via (2021); 6 powered electronic N. MAR. I. (2021) (2021) smoking and Westlaw) N. MAR. I. device and like ADMIN. CODE § prohibited in CODE § products, containing 70-10.1-105 Use/possession of electronic government 3110(e) nicotine-based liquid (2021) cigarettes by persons under buildings or (2021) that is vaporized and age 21 prohibited (including within 25 feet of inhaled, used to handling of products during any doorway to stimulate [sic] the the course of employment). 6 government experience of smoking N. MAR. I. CODE § 3110(c) facility, in public tobacco. This term (2021) places, including, shall include any such but not limited devices whether they to, childcare are manufactured as e- facilities, cigarettes, e-cigars, or schools,

167 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 under any other museums, product.” 6 N. MAR. I. restaurants, CODE § 3171(r) (2021) sports arenas, inside places of Tobacco products employment, means “any product within 25 feet of made or derived from any person not tobacco that is intended smoking in for human outdoor places of consumption, including employment, on any component, part, or public school accessory of a tobacco property, and in a product (except for raw motor vehicle materials other than when person tobacco used in under age 18 is manufacturing a present. 6 N. component, part, or MAR. I. CODE §§ accessory of a tobacco 3171(p) product) (definition of [including]…cigarettes, smoking); 3172; cigars; roll-your own- 3173; 3174; tobacco; pipe tobacco; 3175; 3176 hookah tobacco; (2021) smokeless tobacco; nicotine gels; dissolvables; vaporizers and other electronic nicotine delivery systems (ENDS).” 4 N. MAR. I. CODE §

168 U.S. E-Cigarette Regulation: A 50-State Review

Puerto Rico No. Electronic cigarette or Electronic Nicotine Sale of electronic cigarettes No. Use of electronic e-cigarette means “a cigarettes taxed cartridges must to persons under age 18 cigarettes product intended to at $3 per item. display the prohibited. P.R. LAWS ANN. prohibited in provide the user with a P.R. LAWS ANN. volume of tit. 24, § 904 (2020); P.R. public places, dose of nicotine tit. 13, § nicotine LAWS ANN. tit. 13, § including public combined with other 31635(b)(1) solution on 33138(b)(1) (2021); P.R. buildings, substances in the form (2021) packaging in LAWS ANN. tit. 33, § 1022a schools, of a vapor, as defined form prescribed (2021) restaurants, by the the Department Nicotine by regulation. museums, and of Health through cartridges taxed P.R. LAWS Distribution of free samples other locations. regulations, in at rate of ANN. tit. 13, § of electronic cigarettes P.R. LAWS ANN. conjunction and with $0.05/ml 31635(c) prohibited to minors, in tit. 24, §§ 891(a) the advice of the solution, whether (2021) places where minors are (definition of Department of it contains allowed, and within 500 feet “smoking”); 892 Treasury [and shall be nicotine or not. of a public or private school. (2021) interpreted as P.R. LAWS ANN. P.R. LAWS ANN. tit. 23, § consistent with federal tit. 13, § 1041(c) (2021) law and regulations].” 31635(b)(1) P.R. LAWS ANN. tit. 24, (2021) No advertisements, signs or § 904(a) (2021); P.R. commercial notices for LAWS ANN. tit. 23, § electronic cigarettes may be 1040(f) (2021) placed within 500 feet of a public or private school, or in Vapor product means any cinema, theaters, parks “any type of product or on television. P.R. LAWS

169 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 that contains nicotine ANN. tit. 23, §§ 1041(a), (b) and uses a heating (2021) element, energy source, electronic circuit, or any electronic, chemical, or mechanical means, regardless of size and shape that can be used to produce nicotine vapor as a solution or in any other form [including any] electronic cigarette, electronic cigar, electronic pipe, or any similar product or device and any vape cartridge or any other container for nicotine as a solution, or in any other form, which is destined to be used with or within [any aforementioned products].” P.R. LAWS ANN. tit. 23, § 1040(h) (2021)

Tax

170 U.S. E-Cigarette Regulation: A 50-State Review

Electronic cigarette means “any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means that can be used to produce vapor from nicotine in a solution or other form, which because of its appearance, size or its packaging and labeling, is likely to be used, offered to, or purchased by, consumers as an electronic cigarette, vaporizer, or electronic pipe.” P.R. LAWS ANN. tit. 13, § 31635(a)(1) (2021)

Nicotine cartridge means “a vapor cartridge or any other container holding

171 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 liquid nicotine that is intended to be used with or in an electronic cigarette or vaporizer.” P.R. LAWS ANN. tit. 13, § 31635(a)(2) (2021) U.S. Virgin No. Electronic cigarette Taxed at rate of Electronic Sale/distribution of electronic Yes. V.I. N/A Islands means “a battery- $11/carton. V.I. cigarettes and cigarettes or alternative CODE ANN. operated device that CODE ANN. tit. alternative nicotine products to persons tit. 27, § contains cartridges 33, § 42(a)(II)(2) nicotine under age 18 prohibited. V.I. 305b(c)(4) filled with a (2021) (Note that products must CODE ANN. tit. 27, § (2021) combination of while this is the be sold in 305b(c)(1) (2021) nicotine, flavor and interpretation of “original chemicals that are the plain factory- turned into a vapor language of the wrapped which is inhaled by the statute, it does package.” V.I. user.” V.I. CODE ANN. not appear that a CODE ANN. tit. tit. 27, § 305b(a)(1) tax on e- 27, § (2021) cigarettes is 305b(c)(3) actually being (2021) Alternative nicotine enforced by the product means “a territory.) product or device not consisting of or containing tobacco that provides nicotine for ingestion into the body, whether by chewing, smoking, absorbing, dissolving, inhaling,

172 U.S. E-Cigarette Regulation: A 50-State Review

State Included in Definition3 Excise or Product Youth Access/Other Retail Retail Smoke-Free at Least 1 Special Tax Packaging Restrictions License/ Restrictions State Law (non-sales tax) Permit Definition Required of “Tobacco Product.”2 snorting, sniffing, or by any other means.” V.I. CODE ANN. tit. 27, § 305b(a)(2) (2021)

173