U.S. E- Regulation: A 50-State Review The following chart is a snapshot of the U.S. landscape of e-cigarette regulation as of December 15, 2016. The information below was based on a 50-state (plus Washington, D.C.) survey of current state statutes pertaining to e-cigarette regulations in the following areas: definition of “ 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. The N/A designation refers to the lack of state laws or regulations related to e- as of December 15, 2016; 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. 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.

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Alabama No Youth Access N/A N/A Purchase, use or possession of No N/A alternative nicotine products Alternative nicotine by persons under age 19 product includes prohibited. ALA. CODE §§ 28- “an electronic 11-13(a) and 28-11-2(4) (2016) product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate , and is likely to be offered to, or purchased by, consumers as an , electronic cigar, electronic cigarillo, or electronic pipe.” ALA. CODE § 28- 11-2(1) (2016)

Sales Tax

2 Application of definition within 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.

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Vapor Products means “any non- lighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution. The term includes 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.” ALA. CODE § 40-23-1 (2016) Alaska No N/A N/A N/A Sale/distribution of “product No N/A containing nicotine” to person Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 under age 19 prohibited. ALASKA STAT. § 11.76.109(a) (2016)

Arizona No Vapor product N/A N/A Sale of vapor product to No Use of e-cigarettes refers to a persons under age 18 is prohibited in “noncombustible prohibited. ARIZ. REV. STAT. § foster homes and tobacco-derived 13-3622(A) (2016) vehicles when product containing foster child nicotine that Purchase/possession of vapor present. ARIZ. employs a product by person under age ADMIN. CODE § mechanical heating 18 prohibited. ARIZ. REV. 21-6-315 (2016) element, battery or STAT. § 13-3622(B) (2016) circuit, regardless of shape or size that can be used to heat a liquid nicotine solution contained in cartridges.” ARIZ. REV. STAT. § 13-3622(E)(3) (2016) Arkansas No Sales restrictions: N/A E-liquid Sale of vapor products, e- Yes Use of vapor containers liquids or any component ARK. CODE products or e- Vapor product must be sold thereof prohibited. ARK. CODE ANN. §§ liquids on grounds means “an in child- ANN. § 5-27-227(a)(1) (2016) 26-57-214 of any school or at electronic oral resistant and 26-57- off-campus device of any size packaging Distribution of vapor products, 215(b) school-sponsored or shape that (excepting e-liquids or components, free (2016) events, in or on contains a vapor of pre-filled samples or coupons for free the grounds of any nicotine, e-liquid, cartridges not samples thereof near youth- child care facility or any other intended to be centered places or to persons or healthcare Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 substance that opened by the under age 18 is prohibited. facility prohibited. when used or consumer.) ARK. CODE ANN. § 5-27- ARK. CODE ANN. inhaled simulates ARK. CODE 227(f) (2016) §§ 26-57-254(b) smoking, regardless ANN. § 26-57- and 6-21-609(b) of whether a visible 254(c) (2016) Possession/purchase of vapor (2016) vapor is produced, products, e-liquids or including without components thereof by persons Use of e-cigarettes limitation a device under age 18 prohibited. ARK. “prohibited on that: (A) [i]s CODE ANN § 5-27-227(b)(1) each campus of composed of a (2016) state-supported heating element, institutions of battery, electronic Self-service displays or higher education.” circuit, chemical vending machine sales of ARK. CODE ANN. process, vapor products or e-liquids § 6-60-804 (2016) mechanical device, restricted to locations or a combination inaccessible to persons under Use of e-cigarettes [thereof]; (B) age 18; except that restriction in registered child- [w]orks in does not apply to tobacco care facilities combination with a businesses, some vending prohibited. ARK. cartridge, other machines, and vape shops. ADMIN. CODE §§ container or liquid ARK. CODE ANN. § 5-27- 016.22.1-1101(14) delivery device 227(g) (2016) and 016.22.4- containing nicotine 1101(8), and or any other 016.22.6-1101(7) substance and (2016) manufactured for use with vapor Use of e-cigarettes products; (C) [i]s near State Park manufactured buildings distributed, restricted. ARK. marketed, or sold ADMIN CODE. § as any type or Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 derivation of a 013.05.1-1191 vapor product, e- (2016) cigarette, e-cigar, e- pipe, or any other product name or descriptor; and (D) [d]oes not include a product regulated as a drug or device by the FDA as it existed on January 1, 2015.” ARK. CODE ANN. § 26- 57-203(38) (2016)

E-liquid and e- liquid product mean “a liquid product which may or may not contain nicotine, that is vaporized and inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings . . . .” Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 ARK CODE ANN. § 26-57-203(13) (2016)

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) (2016)

Smoke-free schools and campuses:

E-cigarette means “an electronic oral device that provides a vapor of nicotine or another substance that, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 when used or inhaled, simulates smoking, including without limitation a device that: (1) [i]s composed of a heating element, battery, electronic circuit, or a combination of heating element, battery, or electronic circuit; (2) [w]orks in combination with a liquid nicotine delivery device composed either, in whole or in part, of pure nicotine 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 under any other product name or descriptor . . . .” ARK. CODE ANN. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 §§ 6-21-609(a) (2016) and 6-60- 803(2) (2016) California Yes CAL. Tobacco product State Board of Electronic Sale of electronic cigarettes to Yes Use of electronic BUSINESS means “(A) a Equalization is cigarette persons under age 21 (effective cigarettes AND PROF. product containing, directed to adopt cartridges and prohibited (active duty January 1, prohibited CODE §§ made, or derived regulations solutions for military personnel must be at 2017) CAL. wherever smoking 22950.5(d)(1 from tobacco or implementing tax filling least 18). CAL. BUS. & PROF. BUS. & is prohibited )(B) (2016) nicotine that is on electronic electronic CODE §§ 22958(a) and CAL. PROF. (CAL. BUS. & and 30121(b) intended for human cigarettes cigarettes 22963(a) (2016); CAL. PENAL CODE PROF. CODE § (2016) (as consumption equivalent to the must be sold CODE § 308(a)(1)(A) (2016) §22972 22950.5(c) amended by [including] an Cigarette in child- (2016) (as (2016)) including, Prop 56) electronic device Distribution Tax resistant Self-service displays amended but not limited to, that delivers (of $0.100 per packaging. prohibited (except vending by CAL. places of nicotine or other cigarette). CAL. CAL. HEALTH machines in bars). CAL. BUS. BUS. & employment vaporized liquids to REV. & TAX & SAFETY & PROF. CODE § PROF. (CAL. LABOR the person inhaling CODE CODE 22962(b)(1)(A) (2016) CODE § CODE § 6404.5 from the device, §30130.51(b) §119406(a) 22971.7 (2016)), including, but not (2016) (as (2016) Vending machines must be (2016)) family day care limited to, an amended by Prop located inside a bar at least 15 facilities, (CAL. electronic cigarette, 56) feet from entrance. CAL. BUS. HEALTH & cigar, pipe, or & PROF. CODE § 22960(b)(1) SAFETY CODE § hookah…” CAL. (2016) 1596.795 (2016)), BUS. & PROF. foster and group CODE homes (CAL. §22950.5(d)(1)(A) HEALTH & –(B) (2016) SAFETY CODE § 1530.7 (2016)), Tax within 25 feet of playgrounds or Electronic 250 feet of a youth cigarettes means sports events Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 “any device or (CAL. HEALTH & delivery system SAFETY CODE § sold in combination 104495(b)), and in with nicotine which cars with minors can be used to (CAL. HEALTH & deliver to a person SAFETY CODE § nicotine in 118948 (2016). aerosolized or vaporized form, Schools cannot including, but not allow students to limited to, an e- use tobacco cigarette, e-cigar, e- products, pipe, vape pen, or including e- electronic hookah…(includin cigarettes, on g) any component, campus or whole part, or accessory attending school- of such a device sponsored that is used during activities. CAL. the operation of the EDUC. CODE § device when sold in 48901(a) (2016) combination with any liquid or Department of substance Education will containing nicotine require all school (and also includes) districts, charter any liquid or schools and substance county offices of containing nicotine education to adopt whether sold and enforce policy separately or sold prohibiting use of in combination electronic Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 with any device cigarettes. CAL. that could be used HEALTH & to deliver to a SAFETY CODE person nicotine in §104420(n)(2) aerosolized or (2016) vaporized form. CAL. REV. & TAX Use of nicotine CODE § 30121(c) delivery devices (2016) (as amended prohibited in by Prop 56). county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles. CAL. HEALTH & SAFETY CODE § 104559(a) (2016)

Director of State Hospitals can ban tobacco product use or possession on state hospital grounds upon request. CAL. WELFARE & INST. CODE § 4138 (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Colorado Yes Cigarette, Tobacco N/A N/A Sale and distribution of No Use of nicotine COLO. REV. product or Nicotine nicotine products to persons products STAT. § 18- product means “(I) under age 18 prohibited. prohibited on 13-121(5) [a] product that COLO. REV. STAT. §§ 18-13- school grounds. (2016) contains nicotine or 121(1)(a) and 24-35-503(1) COLO. REV. STAT. tobacco or is (2016) § 25-14-103.5 derived from (2016) tobacco and is Possession or purchase of intended to be nicotine products by persons Use of nicotine ingested or inhaled under age 18 prohibited. Colo. products “in and by or applied to the Rev. Stat. §§ 25-14-301(2) around licensed skin of an (prohibiting possession) and child care individual; or (II) 18-13-121(2) (2016) facilities” [a]ny device that (prohibiting purchase) prohibited. 12 can be used to COLO. CODE deliver tobacco or Vending machine sales REGS § 2509- nicotine to the restricted to more private 8:7.701.91 (2016) person inhaling locations (such as offices), from the device, places inaccessible to minors including an or under control of adult electronic cigarette, employee. COLO. REV. STAT. cigar, cigarillo or § 24-35-503(2) (2016) pipe.” COLO. REV. STAT. § 18-13- 121(5) (2016) Connecticut No Sales restrictions: N/A N/A Sale/delivery of electronic Yes Use of electronic nicotine delivery system or CONN. nicotine delivery Electronic nicotine vapor product to persons under GEN. STAT. system or vapor delivery system age 18 prohibited. CONN. GEN. § 21a- product prohibited means “an STAT. § 53-344b(b) (2016) 415(a) in any state electronic device (2016); building, health that may be used to CONN. Yes. care institution, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 simulate smoking Purchase/possession of Yes retail food store, in the delivery of electronic nicotine delivery GEN. STAT. restaurant, liquor nicotine or other system or vapor product by § 21a- store, bar (except substance to a persons under age 18 415(a) smoking sections person inhaling prohibited. CONN. GEN. STAT. (2016) of outdoor seating from the device, § 53-344b(c) (2016) areas), school and includes, but is buildings, child not limited to, an care facilities, electronic cigarette, Manufacturers of electronic elevators, college electronic cigar, nicotine delivery systems or dormitories, race electronic cigarillo, vapor products (including the tracks, and in electronic pipe or mixing, compounding, more than 25% of electronic hookah repackaging or resizing of any hotel/motel rooms and any related nicotine-containing product) CONN. GEN. STAT. device and any must register with state. CONN. § 19a-342a(b)–(d) cartridge, electronic GEN. STAT. § 21a-415a(a) (2016) cigarette liquid or (2016) other component of such device.” CONN. GEN. STAT. § 53-344b(a)(1) (2016)

Electronic cigarette Liquid means “a liquid that, when used in an electronic nicotine delivery system or vapor product, products a vapor that may or may Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product.” CONN. GEN. STAT. § 53-344b(a)(10) (2016)

Liquid nicotine container means “a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product” except prefilled containers not intended to be opened by consumer. CONN. GEN. STAT. § 19a- 342a(a)(3) (2016)

Vapor product means “any product that employs a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine, that is inhaled by the user of such product . . . .” CONN. GEN. STAT. § 53- 344b(a)(9) (2016)

Use restrictions:

Electronic nicotine delivery system means “an electronic device that may be used to simulate smoking in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such a device . . .” CONN. GEN. STAT. §19a-342a(a)(2) (2016)

Liquid nicotine container means “a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product, except …a container that is prefilled and sealed by the manufacturer and not intended to be opened by the Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 consumer.” CONN. GEN. STAT. § 19a- 342a(a)(3) (2016)

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 or may not include nicotine, that is inhaled by the user of such product.” CONN. GEN. STAT. §19a-342a(a)(4) (2016) Delaware No Tobacco substitute N/A N/A Sale/distribution of tobacco No Use of electronic means “any device substitutes to persons under smoking devices employing a age 18 prohibited. 11 DEL. restricted in same mechanical heating CODE ANN. §§ 1116(a) and manner as element, battery, or 1118(a) (2016) smoking; circuit, regardless prohibited in of shape or size, Purchase of tobacco public indoor that can be used to substitutes by persons under places in which deliver nicotine smoking is Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 into the body age 18 prohibited. 11 DEL. prohibited. 16 through inhalation . CODE ANN. § 1124(a) (2016) DEL. CODE ANN. . . or any § 2903 (2016) noncombustible Self-service displays/vending product containing machine sales of tobacco Use of electronic nicotine intended substitutes prohibited in places smoking devices for use in such a accessible to persons under permitted in vape device . . . .” 11 age 18. 11 DEL. CODE ANN. § shops which DEL. CODE ANN. § 1119 (2016) restrict entry to 1115(11) (2016) persons over age 18. 16 DEL. CODE Electronic smoking ANN. § 2908 device means “any (2016) product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e- Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor. 16 DEL. CODE ANN. §2902(3) (2016) District of Yes Vapor product Vapor products N/A No person may manufacture, Yes Use of electronic Columbia D.C. CODE § means “(A) any taxed at rate or sell vapor products without D.C. CODE cigarettes on 47-2401(5A) non-lighting, equal to tax first obtaining a license. D.C. § 47- streetcar or (2016) noncombustible imposed on CODE § 47-2404(a) (2016) 2404(a) streetcar platform product that cigarette packs, (2016) prohibited. D.C. employs a expressed as Vending machine sales of MUN. REGS. tit. mechanical heating percentage of vapor products restricted to 18, § 1605.2(c) element, battery, or average establishments inaccessible to (2016) electronic circuit, wholesale price. persons under age 18. D.C. regardless of shape D.C. CODE § 47- Code § 47-2404(b)(3) (2016). Use of electronic or size, that can be 2402.01(a)(1)(C) cigarettes used to produce (2016) prohibited in or aerosol from within 25 feet of nicotine in a any public library solution; or (B) any building. D.C. vapor cartridge or MUN. REGS. tit. other container of 19, § 810.5(b)(11) nicotine in a (2016) solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 electronic pie, or similar product or device. D.C. CODE § 47-2401(9A) (2016) Florida No Nicotine N/A N/A Sale/distribution of nicotine No Use of electronic dispensing device dispensing devices or nicotine cigarettes in means “any products to persons under age courthouses of product that 18 prohibited. FLA. STAT. § Sixth Judicial employs an 877.112(2)–(3) (2016) Circuit and within 50 feet of electronic, Possession of nicotine entrances thereto chemical, or dispensing devices or nicotine prohibited. mechanical products by persons under age ADMIN. ORDER means to produce 18 prohibited. FLA. STAT. § NO. 2015-008 vapor from a 877.112(6) (2016) PA/PI-CIR (2016) nicotine product, including, but not Self-service displays of Use of electronic limited to, an nicotine products or nicotine cigarettes electronic dispensing devices prohibited prohibited in all cigarette, in places accessible to persons firefighter electronic cigar, under 18 years except when employee places under direct control or line of of employment. 69 electronic sight of retailer, or sales made FLA. ADMIN. cigarillo, through vending machine with CODE 69A- electronic pipe, or lockout device controlled by 62.024(6) other similar retailer. FLA. STAT. § device or product, 877.112(11)–(12) (2016) any replacement cartridge for such device, and any

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.” FLA. STAT. § 877.112(1)(a) (2016)

Nicotine product means “any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 chewed, absorbed, dissolved, or ingested by any means, but does not include a: (1) Tobacco product, as defined in § 569.002 . . . .” FLA. STAT. § 877.112(1)(b) (2016) Georgia No Vapor product N/A N/A Sale of vapor products to No N/A means “any persons under age 18 noncombustible prohibited. GA. CODE ANN. § product containing 16-12-171(a)(1) (2016) nicotine that employs a heating Distribution of free vapor element, power products on public property, source, electronic within 500 feet of playground circuit, or other or school, or to persons under electronic, the age 18 prohibited. GA. chemical, or CODE ANN. § 16-12-174 mechanical means, (2016) regardless of shape or size, that can be Purchase/possession of vapor used to produce products by persons under age vapor from nicotine 18 prohibited. GA. CODE ANN. in a solution or § 16-12-171(b)(1) (2016) other form. The term “vapor Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 product” shall Vending machine sales of include any vapor products restricted to electronic cigarette, locations not readily accessible electronic cigar, to persons under age 18 electronic cigarillo, (excepting machines under electronic pipe, or control of employee or located similar product or at highway rest areas). GA. device and any CODE ANN. § 16-12-173(e) vapor cartridge or (2016) 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.” GA. CODE ANN. § 16-12- 170(10) (2016) Hawaii Yes Electronic smoking N/A N/A Sale/distribution of electronic No Use of electronic 323F-34(d); device means “any smoking devices to persons smoking devices 321-211; and electronic product under age 21 prohibited. HAW. prohibited in 328J-1 that can be used to REV. STAT. § 712-1258(1) places smoking (2016) aerosolize and (2016) prohibited, deliver nicotine or including enclosed other substances to Purchase of electronic or partially the person inhaling smoking device by person enclosed places from the device, under age 21 prohibited. HAW. that are: owned, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 including but not REV. STAT. § 712-1258(3) leased or operated limited to an (2016) by the state or electronic cigarette, counties, open to electronic cigar, Possession or use of electronic the public, places electronic cigarillo, smoking device by person of employment, or electronic pipe, under age 21 in public sports and any cartridge prohibited. HAW. REV. STAT. § arenas/stadiums, or other component 321-212 (2016) and within 20 feet of the device or of entrances and related product.” Distribution of samples of exits to such HAW. REV. STAT. electronic smoking devices on places. HAW. REV. §§ 323F-34(d) and public property or within 1000 STAT. §§ 328J-2 321-211, and 328J- feet of a school is prohibited. through 328J-6 1 (2016) HAW. REV. STAT. § 328J-17(a) (2016) (2016) Electronic smoking Use of electronic device means “any Self-service displays and smoking devices electronic product vending machine sales of prohibited in state that can be used to electronic smoking devices parks. HAW. REV. simulate smoking prohibited except in duty-free STAT. § 184- in the delivery of facilities and adult-only 4.5(a) (2016) nicotine or other tobacco businesses. HAW. substances to the REV. STAT. § 328J-18 (2016) Use of electronic person inhaling smoking devices from the device, prohibited on including but not indoor and limited to an outdoor areas of electronic cigarette, Hawaii Health electronic cigar, Systems electronic cigarillo, Corporation or electronic pipe, property. HAW. and any cartridge Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 or other component REV. STAT. § of the device or 323F-34(a) (2016) related product.” HAW. REV. STAT. §184-4.5 (2016)

Idaho No Electronic cigarette N/A N/A Sale/distribution of electronic No N/A means “any device cigarettes to persons under age that can provide an 18 prohibited. IDAHO CODE inhaled dose of ANN. § 39-5705(1) (2016) nicotine by delivering a Possession/purchase/distributi vaporized solution on/use of electronic cigarettes [and] includes the by persons under age 18 components of an prohibited. IDAHO CODE ANN. electronic cigarette § 39-5703(1)–(2) (2016) including, but not limited to, liquid Vending machine sales and nicotine” IDAHO self-service displays of CODE ANN. § 39- electronic cigarettes restricted 5702(6) (2016) to adult-only tobacco stores. IDAHO CODE ANN. § 39-5706 (2016)

Shipment of e-cigarettes must include statement re: prohibition on shipping to individuals under age 18. IDAHO CODE ANN. § 39-5717a (2016) Illinois No Sales restrictions: N/A Electronic Sale/Distribution of alternative No Use of products cigarette nicotine products to persons containing Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Alternative nicotine liquids may under age 18 prohibited. 720 nicotine prohibited product means “a only be sold ILL. COMP. STAT. 675/1.5(b) in places smoking product or device in “special (2016) prohibited on not consisting of or packaging” public higher containing tobacco pursuant to Possession of alternative education that provides for rules adopted nicotine products by persons campuses. 110 the ingestion into by the under age 18 prohibited. 720 ILL. COMP. STAT. the body of Department of ILL. COMP. STAT.675/1.5(d) 64/15 (2016) nicotine, whether Public (2016) by chewing, Health,4 smoking, excluding e- Self-service display of absorbing, cigarette alternative nicotine products dissolving, products sold restricted to adult-only tobacco inhaling, snorting, in “sealed, stores. 720 ILL. COMP. STAT. sniffing or by any pre-filled, or 677/10 (2016) other means.” 720 disposable ILL. COMP. STAT. replacement 675/1.5(a) (2016) cartridges.” 430 ILL. Packaging COMP. STAT. restrictions: 40/10 (2016)

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

4 No such regulations as of 5/22/15. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 combination thereof that are turned into vapor which is inhaled by the user.” 430 ILL. COMP. STAT. 40/2.10 (2016) Indiana Yes Sales restrictions: N/A Nicotine Sale/distribution of electronic Yes N/A IND. CODE § liquid and gel cigarettes to persons under age IND. CODE 7.1-1-3- Electronic cigarette must be sold 18 prohibited. IND. CODE §§ §§ 7.1-3- 47.5(b) means “a device in child- 35-46-1-10(a) and 35-46-1- 18.5-1 and (2016) that is capable of resistant 10.2(a) (2016) 7.1-7-4-1 providing an packaging, (2016) inhalable dose of unless pre- Sale of e-liquids to persons nicotine by filled, sealed under age 18 prohibited. IND. delivering a and not CODE §7.1-7-6-2 (2016) vaporized intended to be solution…[and]incl opened by Possession/purchase of udes the consumer. electronic cigarettes by components and IND. CODE § persons under age 18 cartridges...” IND. 24-3-7- 7 prohibited. IND. CODE § 35- CODE §§ 35-46-1- (2016); IND. 46-1-10.5(a) (2016) 1.5 and 24-3-7-4 CODE § 7.1-7- (2016) 4-6 (2016) Self-service displays and vending machine sales of Packaging E-liquid electronic cigarettes restricted restrictions: container to places inaccessible to must use a persons under age 18. IND. Electronic delivery tamper CODE §§ 35-46-1-11.8(a) and device means “any evident 35-46-1-11.5(c) (2016) product that: (1) package and contains or delivers label must Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 nicotine, lobelia, or identify Manufacture (including any other substance nicotine mixing, bottling, packaging intended for human content, active and sale) and sale of e-liquids consumption; and ingredients, restricted to persons with (2) can be used by among other proper permits. IND. CODE § a person to requirements. 7.1-7-4-1 (2016) simulate smoking IND. CODE § in the delivery of 7.1-7-4-6 E-liquid ingredients are nicotine, lobelia, or (2016) limited to those approved in any other substance statute or by the Department of through inhalation Health or the U.S. Food and of vapor from the Drug Administration and product…[and] manufacture/mixing/storage of includes any e-liquid must comply with component state law. IND. CODE § 7.1-7- part…whether or 5-1(a-c) (2016) not the component part is marketed or sold separately.” IND. CODE § 24-3- 7-5 (2016)

Nicotine liquid container means “a bottle or other container that: (1) contains a nicotine liquid or other substance containing nicotine; and (2) is sold, marketed or Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 intended for use with an electronic cigarette or other electronic delivery device [but does not include such container if it is] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” IND. CODE § 24-3-7-6 (2016)

E-liquid manufacture and sales restrictions:

Electronic cigarette means “a powered vaporizer that: (1) is the size and shape of a traditional cigarette; (2) uses a sealed nonrefillable cartridge containing not more than four (4) milliliters of a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 liquid; and (3) is intended to be vaporized and inhaled. The term does not include a vapor pen.” IND. CODE § 7.1-7-2-9 (2016)

E-liquid means “a substance that: (1) is intended to be vaporized and inhaled using a vapor pen; and (2) specifically excludes substances contained in nonrefillable sealed cartridges of four (4) milliliters or less used in electronic cigarettes.” IND. CODE § 7.1-7-2-10

Vapor pen means a powered vaporizer, other than an electronic cigarette, that converts e- Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 liquid to a vapor intended for inhalation. IND. CODE § 7.1-7-2-23 Iowa No Vapor product N/A N/A Sale/distribution of vapor Yes Use of electronic means “any products to anyone under age IOWA cigarettes noncombustible 18 prohibited. IOWA CODE CODE ANN. prohibited on product, which may ANN. § 453A.2(1) (2016) §§ state-operated and or may not contain 453A.47A( owned buildings nicotine, that Possession/purchase/use of 1) and and outdoor employs a heating vapor products by persons 453A.13(1) grounds used in element, power under age 18 prohibited. IOWA , and connection with source, electronic CODE ANN. § 453A.2(2) 453A.36 the building, circuit, or other (2016) (7) (2016) except in electronic, privately-owned chemical, or No distribution of free vapor buildings located mechanical means, products to persons under age on Capitol regardless of shape 18 or within 500 feet of places Complex property. or size, that can be primarily used by minors. IOWA STATE used to produce IOWA CODE ANN. § EMPLOYEE vapor from a 453A.39(2)(b) (2016) POLICY § 9.57. solution or other substance . . . Self-service displays [including] an prohibited. IOWA CODE ANN. electronic cigarette, § 453A.36A(1) (2016) electronic cigar, electronic cigarillo, Vending machine sales electronic pipe, or restricted to adult-only similar product or locations. IOWA CODE ANN. § device, and any 453A.36(6) (2016) cartridge or other container of a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” IOWA CODE ANN. § 453A.1(28) (2016)

Kansas No Electronic cigarette Privilege tax for N/A Sale/distribution of electronic Yes N/A means “a battery- sale or dealing of cigarettes to persons under age KAN. powered device, electronic 18 prohibited. KAN. STAT. STAT. whether or not such cigarettes “at the ANN. § 79-3321(l) (2016) ANN. § 79- device is shaped rate of $0.20 per 3303(a) like a cigarette, that milliliter of Purchase/possession of (2016) can provide inhaled consumable electronic cigarettes by person doses of nicotine material.” KAN. under age 18 prohibited. KAN. by delivering a STAT. ANN. § 79- STAT. ANN. § 79-3321(m)–(n) vaporized solution 3399 (2016) (2016) by means of cartridges or other Self-service displays of chemical delivery electronic cigarettes restricted systems.” KAN. to tobacco specialty stores and STAT. ANN. § 79- vending machine inaccessible 3301(ff) (2016) to persons under age 18 or Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 which has a lock-out device. KAN. STAT. ANN. § 79-3321 (t)-(u) (2016) Kentucky No Vapor product N/A N/A Sale of vapor products or No Use of electronic means “any alternative nicotine product to cigarettes and noncombustible persons under age 18 vaping devices product that prohibited. KY. REV. STAT. prohibited on any employs a heating ANN. § 438.310(1) (2016) and all properties element, battery, owned or operated power source, Sale of vapor products by the Executive electronic circuit, “through a vending machine is branch, including or other electronic, prohibited to any person under buildings, land chemical, or the age of eighteen (18) years” and vehicles mechanical means, KY. REV. STAT. ANN. § owned, leased or regardless of shape 438.315(1) (2016) contracted for or size and state use. Includes including the Purchase of vapor products or certain health care component parts alternative nicotine products facilities, and accessories by persons under age 18 veterans’ thereto, that can be prohibited. KY. REV. STAT. facilities, state used to deliver ANN. §438.311(1) and § parks, fairgrounds vaporized nicotine 438.315(2) (2016) and highway rest or other substances areas. KY. EXEC. to users inhaling Possession/use of vapor ORD. 2014-747 from the device. . . products or alternative nicotine . [I]ncludes but is products by person under age Use of electronic not limited to any 18 prohibited. KY. REV. STAT. cigarettes electronic cigarette, ANN. § 438.350(1) (2016) prohibited in electronic cigar, courtrooms and electronic cigarillo, Distribution of free vapor hallways of electronic pipe, or products or alternative nicotine The Hardin similar product or products to persons under age District Court Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 device and every 18 years prohibited. KY. REV. prohibits smoking variation thereof, ANN. STAT.§ 438.313(1) in its regardless of (2016) hallways/courtroo whether marketed ms (including as such, and any Vending machines must be electronic vapor cartridge or inaccessible to persons under cigarettes). other container of a age 18 or in line of sight of liquid solution or cashier. KY. REV. STAT. ANN. Hardin District other material that § 438.315(3) (2016) Court. KY. R. is intended to be HARDIN DISTRICT used with or in an COURT, RULE electronic cigarette, 15.01 (2016) electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.” KY. REV. STAT. ANN. § 438.305(9) (2016)

Alternative nicotine product means “a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by other Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 means.” KY. REV. STAT. ANN. § 438.305(1) (2016) Louisiana No Vapor product Vapor products N/A Sale/distribution of vapor Yes N/A means “any non- and electronic products to persons under age LA. REV. combustible cigarettes taxed at 18 prohibited. LA. REV. STAT. STAT. product containing $0.05 per ANN. §§ 14:91.8(C) and ANN. § nicotine or other milliliter of 26:911(A)(1), and 14:91.6(A) 26:902 substances that consumable (2016) (2016) employs a heating nicotine liquid element, power solution or other Purchase of vapor product by source, electronic material persons under age 18 circuit, or other containing prohibited. LA. REV. STAT. electronic, nicotine that is ANN. § 14:91.8(E) (2016) chemical or depleted as a mechanical means, vapor product is Possession of vapor product by regardless of shape used. LA. REV. persons under age 18 or size, that can be STAT. ANN. § prohibited unless accompanied used to produce 47:841(F) (2016) by parent or in a private vapor from nicotine residence. LA. REV. STAT. in a solution or ANN. § 14:91.8(F) (2016) other form…[and] includes any Self-service displays of vapor electronic cigarette, products restricted to tobacco electronic cigar, businesses and vending electronic cigarillo, machines located in age- electronic pipe, or restricted settings. LA. REV. similar product or STAT. ANN. §§ 26:910.1(A) device and any and 26:910 (2016) vapor cartridge or other container of nicotine in a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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(31) and 14:91.8(G)(7) and 14:91.6(B)(7), and 47:842(20) (2016) Maine Yes. Maine Sales/Packaging N/A Nicotine Sale/distribution to persons Yes. Use of electronic Rev Stat. restrictions: liquid under age 18 prohibited. Attorney smoking devices Ann. tit. 22 § containers Attorney General Tobacco General prohibited in most 1541(6) Tobacco Products must be Enforcement. Tobacco places smoking (2016) and means “any form of sold/distribute Enforceme prohibited, Attorney tobacco and any d in child- Employees of e-cigarette nt. including certain General material or device resistant retailers must be at least 17 indoor public Tobacco used in the packaging. years of age; if employee’s age spaces, places of Enforcement. smoking, chewing MAINE REV. is between 17 and 21, he or employment, day or other form of STAT. ANN tit. she may only sell e-cigarettes care/babysitting tobacco 22 § 1560- in presence of supervisor at facilities, motor consumption, B(2) (2016) least 21 years old. Attorney vehicles with including cigarette General Tobacco children under 16, papers, rolling Enforcement. and certain papers, pipes, outdoor areas electronic smoking Self-service displays of e- including near devices and cigarettes prohibited except in beaches, state Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 components (i.e., certain tobacco specialty parks and historic electronic cigarette, stores. Attorney General sites. MAINE REV electronic cigar, Tobacco Enforcement. STAT. ANN. tit. 22 electronic pipe, § 1541(6) (2016) electronic hookah Vending machine sales of e- (defining or so called vape cigarettes restricted to “smoking”) and pen). Attorney locations inaccessible to 1542 and 1549(2); General Tobacco persons under age 18. and 1550(2),and Enforcement. Attorney General Tobacco 1580-E (2016) Enforcement. Electronic nicotine delivery device means “any noncombustible device containing or delivering nicotine or 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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.” MAINE REV. STAT. ANN. tit. 22 § 1560- B(1)(B) (2016)

Nicotine liquid container means “a container used to hold a liquid, gel or other 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 not intended to be opened by the consumer.” MAINE REV STAT. tit. 22 § 1560-B(1)(C) (2016)

Use restrictions:

Electronic smoking device means “a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 vape pen.” MAINE REV STAT. tit. 22 § 1541(1-A) (2016) Maryland No N/A N/A N/A Sale of “an electronic device, a No N/A component for an electronic device, or a product used to refill or resupply an electronic device that can be used to deliver nicotine to the individual inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe” to minors prohibited (excluding FDA-approved “tobacco cessation products”). MD. CODE ANN., Health § 24- 305(b) (2016) Massachusetts No Electronic smoking N/A Liquids or Sale of electronic smoking No N/A device means “any gels devices to persons under age product that can containing 18 prohibited. 940 MASS. deliver nicotine to nicotine must CODE REGS. 21.03 (2016) the user through be sold in inhalation of vapor child-resistant Self-service displays and [including] any package. 940 vending machine sales of component part of MASS. CODE electronic smoking devices such product, REGS. 21.05 restricted to adult-only including liquid for (2016) facilities. 940 MASS. CODE use in the device REGS. 21.04(4)(c) (2016) regardless of Electronic whether the liquid smoking Sampling of electronic contains nicotine, devices may smoking devices prohibited. whether or not sold not be opened, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 separately . . . .” repackaged or 940 MASS. CODE REGS. 940 MASS. CODE sold in smaller 21.04(1)(a) (2016) REGS. 21.03 (2016) quantities than the smallest package distributed by the manufacturer for individual consumer use. 940 MASS. CODE REGS. 21.04(1)(b) (2016). Michigan No N/A N/A N/A N/A N/A

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Minnesota Yes Electronic delivery Tax of 95% of Liquids Sale/distribution of electronic Yes Use of electronic MINN. STAT. device means “any wholesale price intended for delivery devices prohibited to MINN. delivery devices § 297F.01 product containing imposed on human persons under age 18. MINN. STAT. § prohibited in day (19) (2016) or delivering tobacco products, consumption STAT. § 609.685 (1a), (2) 461.12(1) care and health nicotine, lobelia, or including e- and use in an (2016) (2016) facilities, in any other substance cigarettes. MINN. electronic correctional intended for human STAT. § delivery Purchase/possession/use of facilities and other consumption that 297F.05(3) device electronic delivery device by government can be used by a (2016) (whether they person under age 18 owned or operated person to simulate contain prohibited. MINN. STAT. § buildings. MINN. smoking in the Minn. Dep’t of nicotine or 609.685(2b), (3) (2016) STAT. § 144.414 delivery of nicotine Revenue Notice not) must be (2016) or any other #12-10 sold in child Sale of electronic delivery substance through resistant devices from a moveable place Use of electronic inhalation of vapor packaging. of business (kiosk) prohibited. delivery devices from the product. MINN. STAT. § MINN. STAT. § 461.21 (2016) prohibited in Electronic delivery 461.20(b) public and charter device includes any (2016) Self-service displays of schools and any component part of electronic delivery devices facility or vehicle a product, whether restricted to adult-only owned, rented or or not marketed or tobacco-only businesses; leased by a school sold separately.” vending machines restricted to district. MINN. MINN. STAT. § locations inaccessible to STAT. § 144.4165 609.685(1)(c) persons under age 18. MINN. (2016) (2016) STAT. § 461.18 (2016)

Mississippi No Alternative nicotine N/A N/A Sale of alternative nicotine No N/A product means “(1) products or any cartridge or An electronic component to persons under cigarette; or (2) 18 prohibited. MISS. CODE Any other product ANN. § 97-32-51(2) (2016) that consists of or Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means. MISS. CODE ANN. § 97-32- 51(1)(a)(i) (2016)

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 stimulate 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. §

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 97-32-51(1)(b)(i) (2016) Missouri No Vapor product N/A Nicotine Sale/distribution of vapor Yes N/A means “any non- liquid products to persons under age MO. REV. combustible containers 18 prohibited. MO. REV. STAT. § product containing must be child- STAT. §§ 407.926 and 407.931 407.934.1 nicotine that resistant. MO. (2016) (201e6) employs a heating REV. STAT. § element, power 407.926.4(1) Vending machine sales source, electronic (2016) restricted to places circuit, or other inaccessible to persons under electronic, age 18 or through machines chemical or equipped with lock-out device. mechanical means, MO. REV. STAT. § 407.931.2 regardless of shape (2016) or size, that can be used to produce Purchase of vapor products by vapor from nicotine persons less than age 18 in a solution in prohibited. MO. REV. STAT. § other form 407.933.1 (2016) [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe…and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 with or in [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product.” MO REV. STAT. § 407.925(12) (2016)

Nicotine liquid container means “a bottle or other 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. STAT. § 407.926.4(2) (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Montana No Vapor product N/A N/A Sale/distribution of vapor Yes N/A means “a non- products to persons under age MONT. combustible 18 prohibited. MONT. CODE CODEE product that may ANN. § 16-11-305(1) (2015) ANN. § 16- contain nicotine 11-303(1) and that uses a Vending machine sales (2015) heating element, restricted to bars where power source, machine is under direct line- electronic circuit, of-sight supervision. MONT. or other electronic, CODE ANN. § 16-11-306(1) chemical, or (2015) mechanical means, regardless of shape Possession/use of vapor or size, to produce products by persons under age vapor from a 18 prohibited. MONT. CODE solution or other ANN. § 45-5-637(1) (2015) substance[including ] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or 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] Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 device.” MONT. CODE ANN. § 16- 11-302(7) (2015) Nebraska No Vapor product N/A N/A Sale/distribution of vapor No N/A means “any products to persons under age noncombustible 18 prohibited. NEB. REV. product containing STAT. §§ 28-1419 and 28-1425 nicotine that (2016) employs a heating element, power Use of vapor products by source, electronic persons under age 18 circuit, or other prohibited. NEB. REV. STAT. § electronic, 28-1418 (2016) chemical, or mechanical means Vending machine sales of regardless of shape vapor products are restricted to or size, that can be locations inaccessible to used to produce persons under age 18. NEB. vapor from nicotine REV. STAT. § 28-1429.02(2) in a solution or (2016) other form [and includes] any Self-service displays restricted electronic cigarette, to tobacco specialty stores and electronic cigar, cigar bars. NEB. REV STAT. § electronic cigarillo, 28-1429.03 (2016) electronic pipe, or similar product or device or any vapor cartridge or other container of nicotine in a solution or other Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 form [intended to be used with an aforementioned device].” NEB. REV. STAT. § 28- 1418.01(4) (2016) Nevada No Vapor product N/A N/A Sale/distribution vapor No N/A means “any products to persons under age noncombustible 18 prohibited. NEV. REV. product containing STAT. ANN. § 202.2493.2 nicotine that (2016) employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form [including] an electronic cigarette, cigar, cigarillo or pip…and a vapor cartridge or other container of nicotine in a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 solution or other form [intended for use with an aforementioned device].” NEV. REV. STAT. ANN §§ 202.2485.5 and 370.054 (2016). New No E-cigarette means N/A N/A Sale/distribution of e- No Use of e-cigarette Hampshire “any electronic cigarettes and liquid nicotine and liquid nicotine smoking device to persons under age 18 on “public composed of a prohibited. N.H. REV. STAT. educational mouthpiece, a ANN. §§ 126-K:4(I) and 126- facility” grounds heating element, a K:8(I) (2016) prohibited. N.H. battery, and REV. STAT. ANN. electronic circuits Distribution of free e- § 126-K:7(I) that provides a cigarettes or liquid nicotine (2016) vapor of pure prohibited except in locations nicotine mixed with inaccessible to persons under propylene glycol to age 18 or licensed retail the user as the user tobacco store. N.H. REV. simulates smoking STAT. ANN. § 126-K:5(I) [including e- (2016) cigarettes, e-cigars, or e-pipes . . . .” Purchase/possession/use of e- N.H. REV. STAT. cigarettes or liquid nicotine by ANN. § 126-K:2(II- persons under age 18 a) (2016) prohibited. N.H. REV. STAT. ANN. § 126-K:6(I) (2016) Liquid nicotine means “any liquid product composed Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e- cigarettes.” N.H. REV. STAT. ANN. § 126-K:2(III-a) (2016) New Jersey No Electronic smoking N/A Liquid Sale/distribution of electronic No Use of electronic device means “an nicotine must smoking device to person smoking device electronic device be sold in under age 19 prohibited. N.J. included in that can be used to child-resistant STAT. §§ 2A:170-51.4.1(a)(2) definition of deliver nicotine or containers. (2016) and 2C:33-13.1(a) “smoking” and other substances to N.J. STAT. § (2016) prohibited in same the person inhaling 2A:170- spaces smoking from the device, 51.9(a) prohibited, including, but not including indoor limited to, an public places, electronic cigarette, workplaces and cigar, cigarillo, or schools (with pipe.” N.J. STAT. § some exceptions). 26:3D-57 (2016) N.J. STAT. § 26:3D-57 through Liquid nicotine 60 (2016) means “any solution containing nicotine which is designed or sold for use with an electronic smoking Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 device.” N.J. STAT. § 2A:170- 51.9(a)(2) (2016)

Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] not intended to be opened by the consumer.” N.J. STAT. § 2A:170- 51.9(a)(3) (2016)

Vapor product means “any non- combustible product containing Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 nicotine that employs a heating element, power source, electronic 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) (2016) New Mexico No E-cigarette means N/A Nicotine Sale/distribution of e- No Use/possession/dis “(1) . . . any liquid cigarettes or a nicotine liquid tribution of Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 electronic oral Containers container to persons under age nicotine liquid device, whether must be child- 18 prohibited. N.M. STAT. containers and e- composed of a resistant ANN. §§ 30-49-3(A) and (E) cigarettes heating element (unless (2016); N.M. STAT. ANN. § prohibited on and battery or an prefilled and 30-49-8(A) (2016) school property electronic circuit, not intended and by students at that provides a to be opened Procurement of e-cigarette or school-sponsored vapor of nicotine or by consumer). nicotine liquid container by activities. N.M. any other N.M. STAT. persons under age 18 ADMIN. CODE § substances the use ANN. §§ 30- prohibited. N.M. STAT. ANN. § 6.12.4.8(A) (2016) or inhalation of 49-3(D) and 30-49-3(B) (2016) which simulates §57-2C-1 smoking; and (2) E-cigarettes and nicotine includes any such E-cigarettes liquid containers may only be device, or any part and nicotine sold by a retailer face-to-face. thereof, whether liquid N.M. STAT. ANN. § 30-49- manufactured, containers 7(A)(1) (2016) distributed, must be sold marketed or sold as in “original Self-service displays of e- an e-cigarette, e- factory-sealed cigarettes and nicotine liquid cigar, e-pipe or any package”. containers prohibited. N.M. other product, N.M. STAT. STAT. ANN. § 30-49-7(A)(2) name or descriptor . ANN. § 30-49- (2016) . .” N.M. STAT. 3(C) (2016) ANN. § 30-49-2(B) Vending machine sales are (2016); N.M. restricted to adult-only ADMIN. CODE § locations. N.M. STAT. ANN. § 6.12.4.7(B) (2016) 30-49-7(B) (2016)

Electronic delivery device means “any electronic device, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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. ANN. § 57- 2C-1(C)(2) (2016)

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. STAT. ANN. § 30-49-2(D) (2016); N.M. ADMIN. CODE 6.12.4.7(E) (2016)

Nicotine liquid container means “a Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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 e-electronic delivery device [excepting those prefilled, sealed] and not intended to be opened by the consumer) N.M. STAT. ANN. § 57-2C-1(C)(3) (2016) New York No Electronic cigarette N/A Liquid Sale/distribution of e- No E-cigarette use (or e-cigarette) nicotine must cigarettes or liquid nicotine to restricted similar means “an be sold in a persons under age 18 to smoking on electronic device child resistant prohibited. N.Y. PUB. HEALTH Niagara Frontier that delivers vapor bottle. N.Y. LAW § 1399-cc(2) (2016) Transportation which is inhaled by GEN. BUS. Authority an individual user, LAW § 399- Self service displays of e- property. N.Y. and shall include gg(1) (2016) cigarettes or liquid nicotine COMP. CODES R. any refill, cartridge prohibited except in tobacco & REGS. tit. 21, § and any other businesses. N.Y. PUB. HEALTH 1151.9 (2016) component of such LAW § 1399-cc(7) (2016) a device.” N.Y.. PUB. HEALTH LAW Vending machine sales of e- cigarettes permitted in bars, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 § 1399-aa(13) private clubs, and tobacco (2016) businesses; in other businesses that have proportionally few Liquid nicotine (or employees under 18, the electronic liquid or products must not be e-liquid) means “a accessible to the general public liquid composed of and must be visible to and nicotine and other under the direct control of chemicals, and person in charge. N.Y. PUB. which is sold as a HEALTH LAW § 1399-dd product that may be (2016) used in an electronic cigarette.” N.Y. PUB. HEALTH LAW § 1399-cc(1)(e) (2016)

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 North Carolina Yes Vapor product Vapor products E-liquid Sale/distribution of vapor Yes. N.C. Use/possession of N.C. GEN. means “any taxed at rate of containers for products to persons under age GEN. STAT. vapor products STAT. §§ 14- noncombustible $0.05/fluid ml. of e-liquid 18 prohibited. N.C. GEN. §105- prohibited on 313(4), and product that consumable products STAT. § 14-313(b) (2016) 113.36 State correctional 105- employs a product. N.C. containing (2016) facilities premises, 113.4(11a), mechanical heating GEN. STAT. § nicotine must Distribution of vapor products except for and 148- element, battery, or 105-113.35(a1) be child- to inmates prohibited. N.C. religious purposes. 23.1(d)(2) electronic circuit (2016) resistant and GEN. STAT. § 14-258.1(c) N.C. GEN. STAT. § (2016) regardless of shape must state the (2016) 148-23.1 (2016) or size and that can product be used to heat a contains Vending machine sales of Use of e-cigarettes liquid nicotine nicotine. N.C. vapor products restricted to prohibited at child solution contained GEN STA. § locations inaccessible to care centers. 10A in a vapor 14- minors or where controlled by N.C. ADMIN. cartridge. The term 401.18A(b)– owner. N.C. GEN. STAT. § 14- CODE 9.0604(h) includes an (c) (2016) 313(b1) (2016) (2016) electronic cigarette, electronic cigar, Purchase of vapor products by electronic cigarillo, persons under age 18 and electronic prohibited. N.C. GEN. STAT. § pipe.” N.C. GEN. 14-313(c) (2016) STAT. §§ 14- 313(a)(5), and 14- 401.18A(a)(4) , and N.C. GEN. STAT. § 148-23.1(d)(3) (2016)

E-liquid means “a liquid product, whether or not it contains nicotine, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 that is intended to be vaporized and inhaled using a vapor product.” N.C. GEN. STAT. §14-401.18A(a)(2) (2016)

E-liquid container means “a bottle or other container of e-liquid [except] a container [that] is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer. N.C. GEN. STAT. § 14- 401.18A(a)(3) (2016)

Tax provisions:

Vapor product means “any nonlighted, noncombustible product that employs a mechanical heating Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 element, batter, or electronic circuit regardless of shape or size and that can be 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. STA. § 105- 113.4(13a) (2016)

Consumable product means “any nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used.” N.C. GEN. STAT. §

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 105-113.4 (1k)(2016)

North Dakota No Use restrictions: N/A Nicotine Sale/distribution of electronic No Use of e-cigarettes liquid smoking devices to persons included in E-cigarette means containers under age 18 prohibited. N.D. definition of “any electronic oral must be child- CENT. CODE § 12.1-31- smoking and device, such as one resistant. 03(1)(a) (2016) therefore composed of a N.D. CENT. prohibited in heating element CODE § 12.1- Self-service displays restricted public places and and battery or 31-03.2 to tobacco specialty stores and places of electronic circuit, (2016) vending machines inaccessible employment and or both, which to persons under age 18 or within 20 feet of

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 provides a vapor of which are controlled by the entrances, exits, nicotine or any seller. N.D. CENT. CODE §§ windows, air other substances, 12.1-31-03(1)(b) and 12.1-31- intakes and and the use or 03.1(1) (2016) ventilation inhalation of which systems thereof. simulates smoking Purchase/possession/use of N.D. CENT. CODE [including a electronic smoking device by § 23-12-10 (2016) product marketed person under age 18 as an] e-cigarette, prohibited. N.D. CENT. CODE e-cigar, and e-pipe § 12.1-31-03(2) (2016) or under any other product, name, or descriptor.” N.D. CENT. CODE § 23- 12-09(3) (2016)

Sales restrictions:

Electronic smoking device means “any electronic product that delivers nicotine or other substances to the individual inhaling from the device, including, an electronic cigarette, e-cigar, e-pipe, vape pen, or e- hookah. Electronic smoking device Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 includes any component, part, or accessory of such a product, whether or not sold separately . . . .” N.D. CENT. CODE ANN. § 12.1- 31-03(9)(b) (2016)

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, 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 ANN. § 12.1-31-03.2(2) (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Ohio No Alternative nicotine Alternative Sale/distribution of alternative No Use of electronic product “means . . . nicotine nicotine products to persons nicotine delivery an electronic products must under age 18 prohibited. OHIO systems, which cigarette or any be sold in the REV. CODE ANN. § includes e- other product or same 2927.02(B)(1) (2016) cigarettes, device that consists minimum prohibited in the of or contains quantities as Vending machine sales capitol buildings. nicotine that can be manufacturer’ restricted to locations OHIO ADMIN. ingested into the s container. inaccessible to persons under CODE 128-4- body by any means, OHIO REV. age 18 or under control of 02(G)(9) (2016) including, but not CODE ANN. § owner. OHIO REV. CODE ANN. limited to, chewing, 2927.02(B)(5) § 2927.02(C) (2016) Use of electronic smoking, (2016) cigarettes absorbing, Purchase/possession/use of prohibited on dissolving, or alternative nicotine products University of inhaling.” OHIO not allowed for persons under Cincinnati REV. CODE ANN. § age 18 unless a parent properties. OHIO 2927.02(A)(2) accompanies them. OHIO REV. ADMIN. CODE (2016) CODE ANN. § 2151.87(B) 3361:10-17-06 (2016) (2016). Electronic cigarette “means . . . any Use of e-cigarettes electronic product prohibited on or device that premises of produces a vapor Cuyahoga that delivers Community nicotine or any College. OHIO other substance to ADMIN. CODE the person inhaling 3354:1-20- from the device to 05(c)(3)(f) (2016) simulate smoking and that is likely to Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 be offered to or Use of electronic purchased by nicotine delivery consumers as an systems prohibited electronic cigarette, on Kent electronic cigar, University campus electronic cigarillo, and properties. or electronic pipe.” OHIO ADMIN. OHIO REV. CODE CODE 3342-5-21 ANN. § (2016) 2927.02(A)(6)(a) (2016) Oklahoma No Vapor product N/A N/A Purchase/possession of vapor No Use of vaping means products by persons under age devices and e- “noncombustible 18 prohibited. OKLA. STAT. tit. cigarettes products, that may 10A § 2-8-224(A) (2016) prohibited on or may not contain properties owned, nicotine, that Sale/distribution of vapor leased or employ a products to persons under age contracted for use mechanical heating 18 prohibited. OKLA. STAT. tit. by the state, element, battery, 37 §§ 600.3(A) and 600.13 including electronic circuit, (2016) buildings, land or other and vehicles mechanism, Vending machines sales are owned, leased or regardless of shape restricted to locations contracted for use or size, that can be inaccessible to persons under by the state, used to produce a age 18. OKLA. STAT. tit.37 § except when used vapor in a solution 600.7 by those living in or other form Veteran's Affairs [including] any Distribution of free vapor Residential vapor cartridge or products to persons under 18 Facilities while other container or on any public street, they are on facility with or without sidewalk, or park that is within grounds. OKLA. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 nicotine or other 300 feet of any playground, EXEC. ORD. 2015- form that is school, or other facility used 5 (continuing intended to be used primarily by persons under the OKLA. EXEC. with an electronic age of 18 prohibited. OKLA. ORD. 2013-43) cigarette, electronic STAT. tit. 37 § 600.8(A)–(B) cigar, electronic (2016) cigarillo, electronic pipe, or similar Self-service displays of vapor product or device . . products restricted to adult- . .” OKLA. STAT. only facilities. OKLA. STAT. tit.37 § 600.2(8) tit. 37 § 600.10A(A) (2016) (2016)

Oregon No Inhalant means N/A Inhalant Sale of inhalant delivery No Aerosolizing or “nicotine, a delivery system to person under age 18 vaporizing cannabinoid or any systems must prohibited. OR. REV. STAT. inhalants in public other substance that be sold in ANN. § 431A.175(2)(a) (2016) places, places of (a) [i]s in a form child-resistant employment, jury that allows the packaging Self-service displays of rooms, at least nicotine, which is not inhalant delivery systems 75% of hotel cannabinoid or attractive to prohibited. OR. REV. STAT. rooms, child care substance to be persons under ANN. § 167.407(1) (2016) homes/centers, delivered into a age 18, and and within 10 feet person’s respiratory “labeled in Purchase/possession of of entrances, exits, system; (b) [i]s accordance inhalant delivery system by windows or

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 inhaled for the with rules person under age 18 prohibited ventilation intakes purpose of adopted by the unless in private residence of enclosed areas delivering the authority.” with consenting parent or prohibited. OR. nicotine, OR. REV. guardian. OR. REV. STAT. REV. STAT. ANN. cannabinoid or STAT. ANN. § ANN. §§ 167.401(1) and §§ 433.845 and other substance into 431A.175(2)( 167.400 (2016) 433.850(1) a person’s d)-(g) (2016) (2016); OR. respiratory system . Vending sales of inhalant ADMIN. R. 414- . . .” OR. REV. delivery systems restricted to 350-0090(6) and STAT. ANN. § adult-only facilities. OR. REV. 414-300-0070(12) 433.835(2) (2016) STAT. ANN. § 167.402(2) (2016) (2016) Inhalant delivery Hospitals may not system means “(i) Public/private schools, youth permit use of [a] device that can correction and juvenile “inhalant delivery be used to deliver detention facilities must system[s]” in nicotine or prohibit possession of inhalant hospital or within cannabinoids in the delivery systems by persons 10 feet of a form of a vapor or under age 18 present at facility doorway, window aerosol to a person or at facility-sponsored event. or ventilation inhaling from the OR. REV. STAT. ANN. § intake thereof. OR. device; or (ii) a 339.883 (2016) REV. STAT. ANN. component of a § 441.815(2) device [described (2016) above] or a substance in any Use of inhalant form sold for the delivery system in purpose of being car while person vaporized or under age 18 is aerosolized by a present prohibited. device [described OR. REV. STAT. above], whether the Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 component or ANN. § 811.193 substance is sold (2016) separately or is not sold separately . . . .” OR. REV. STAT. ANN. § 431A.175 (2016) Pennsylvania Yes. 72 PA. Electronic Electronic N/A N/A No N/A CONS. STAT. Cigarette means cigarettes taxed at § 8201-A “(1) an electronic rate of 40% of (2016) oral device, such as purchase price one composed of a charged to the heating element retailer. 72 PA. and battery or CONS. STAT. § electronic circuit, 8202-A(a.1) or both, which (2016) provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking. (2) the term includes (i) a device as described in paragraph (1), notwithstanding whether the device is manufactured, distributed marketed or sold as an e-cigarette, an e- Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 cigar and e-pipe or under any other product name or description. (ii) a liquid or substance placed in or sold for use in an electronic cigarette.” 72 PA. CONS. STAT. § 8201-A (2016) Rhode Island No Electronic nicotine- N/A Electronic Sale/distribution of electronic Yes N/A delivery system nicotine nicotine delivery system to R.I. GEN. means “an delivery persons under age 18 LAWS electronic device system must prohibited. R.I. GEN. LAWS ANN. § 23- that may be used to be sold in ANN. § 11-9-13 and R.I. GEN. 1-56(a) simulate smoking “original, LAWS ANN. § 11-9-13.8(1) (2016) in the delivery of factory- (2016) nicotine or other wrapped substance to a package.” R.I. Public use/possession of person inhaling GEN. LAWS electronic nicotine-delivery from the device, ANN. § 11-9- systems by persons under age and includes, but is 13.8(2) (2016) 18 prohibited. R.I. GEN. LAWS not limited to, an ANN. § 11-9-14 (2016) electronic cigarette, electronic cigar, Purchase of electronic electronic cigarillo, nicotine-delivery systems by electronic pipe, or persons under age 18 electronic hookah prohibited. R.I. GEN. LAWS and any related ANN. § 11-9-13 (2016) device and any cartridge or other Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 component of such Vending machine restricted to device.” R.I. GEN. locked machines in locations LAWS ANN. § 11-9- continually supervised and in 13.4(15) (2016) direct line of sight of authorized person on a business premises or in locations inaccessible to persons under age 21. R.I. GEN. LAWS ANN. § 11-9- 13.1(a) (2016)

Distribution of free electronic nicotine-delivery system to persons under age 18 or within 500 feet of any school prohibited. R.I. GEN. LAWS ANN. § 11-9-13.10 (2016) South Carolina No Alternative nicotine N/A N/A Sale/distribution of alternative No Use of electronic product means “a nicotine products to persons cigarettes product, including under age 18 prohibited. S.C. prohibited in electronic CODE ANN. § 16-17-500(A) ambulances. S.C. cigarettes, that and 16-17-502(A) (2016) CODE ANN. REGS. consists of or 61-7 § 601(O) contains nicotine Purchase/possession of (2016) that can be ingested alternative nicotine products into the body by by persons under age 18 chewing, smoking, prohibited. S.C. CODE ANN. § absorbing, 16-17-500(F) (2016) dissolving, inhaling, or by any Vending machine sales of other means.” S.C. alternative nicotine products restricted to locations Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 CODE ANN. § 16- inaccessible to persons under 17-501(6) (2016) age 18 or locked and under control of owner S.C. CODE Electronic cigarette ANN. § 16-17-500(D) (2016) 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 smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.” S.C. CODE ANN. § 16-17-501(7) (2016) South Dakota Yes Vapor product N/A Vapor Sale/distribution of vapor No Department of S.D. means “any products must products to persons under age Corrections policy CODIFIED noncombustible be sold in 18 prohibited. S.D. CODIFIED prohibits the use LAWS § 34- product containing original LAWS § 34-46-2(1) (2016) of electronic 46-20 (2016) nicotine that manufacturer’ cigarettes by staff employs a heating s packaging. Purchase/possession/ use of and offenders in element, power S.D. vapor products by persons all buildings and Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 source, electronic CODIFIED under age 18 prohibited. S.D. offices and on all circuit, or other LAWS § 34- CODIFIED LAWS § 34-46-2(2) real property electronic, 46-21 (2016) (2016) owned, leased or chemical, or occupied by the mechanical means, Distribution of free vapor Department. The regardless of shape products within 500 feet of policy defines or size, that can be school, playground, or other electronic used to produce child-focused facility cigarettes as “any vapor from nicotine prohibited. S.D. CODIFIED device that allows in a solution or LAWS § 34-46-2(7) (2016) users to inhale other form nicotine vapor, or [including] any Self-service displays of vapor is capable of electronic cigarette, products restricted to tobacco delivering nicotine electronic cigar, specialty store or vending in a vapor form. electronic cigarillo, machines inaccessible to Devices typically electronic pipe, or persons under age 18. S.D. consist of a similar product or CODIFIED LAWS § 34-46-21 mouthpiece, device and any (2016) heating element, vapor cartridge or and a unit other container of containing a nicotine in a rechargeable solution or other battery and form that is various electronic intended to be used circuits.” S.D. with or in an Dep’t of [aforementioned] Corrections Policy device.” S.D. §1.3.C.7 (2015). CODIFIED LAWS § 34-46-20 (2016) Tennessee No Vapor product N/A Liquid Sale/distribution of vapor No N/A means “any nicotine products to persons under age noncombustible containers 18 years prohibited. TENN. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 product must be child- CODE ANN. § 39-17-1504(a) containing resistant. (2016) nicotine or any TENN. CODE other substance ANN. § 39-17- Purchase/possession of vapor that employs a 1512(b) products by persons under age (2016) 18 prohibited. TENN. CODE mechanical ANN. § 39-17-1505(a) (2016) heating element, battery, electronic Distribution of free vapor circuit, or other products/samples prohibited mechanism, on “any public street, regardless of sidewalk, or park” is shape or size, that prohibited. TENN. CODE ANN. can be used to § 39-17-1504(c) (2016) produce or emit vapor [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge or other container of a solution containing nicotine or any other substance Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 that is intended to be used with or in an [aforementioned] product . . . .” TENN. CODE ANN. § 39-17-1503(10) (2015)

Liquid nicotine container means “a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid of other substance is sold, marketed or intended for use in a vapor product [except containers] prefilled and sealed by the manufacturer, and not intended to be opened by the consumer. TENN. CODE ANN. § 39- 17-1512(a) (2016)

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Texas No E-cigarette means N/A Liquid Sale/distribution of e- No Use of e-cigarettes “an electronic nicotine sold cigarettes to persons under age restricted to cigarette or any as an 18 is prohibited. TEX. HEALTH designated areas other device that accessory for & SAFETY CODE ANN. §§ in schools, simulates smoking an e-cigarette 161.082(a) and 161.087(a) elevators, by using a must be sold (2016) enclosed theaters, mechanical heating in a child- libraries, element, batter, or resistant Persons making delivery sales museums, electronic circuit to container of e-cigarettes must register hospitals, certain delivery nicotine or unless and comply with certain buses, planes and other substances to prefilled and reporting requirements. TEX. trains. TEX. the individual sealed by the HEALTH & SAFETY CODE PENAL CODE inhaling from the manufacturer ANN.§ 161.456(a) (2016) ANN. § 48.01(a-1) device [including and not (2016) products sold as] e- intended to be Purchase/possession/use of e- cigarette, e-cigar, opened by a cigarettes by persons under School trustees or e-pipe or under consumer. age 18 years prohibited unless must prohibit e- another product TEX. HEALTH possession occurs in the cigarette use and name or description & SAFETY presence of “adult parent,” student possession [and including any] CODE ANN. § guardian or spouse. TEX. of e-cigarettes at component, part, or 161.0875 HEALTH & SAFETY CODE “a school-related accessory for the (2016) ANN.§ 161.252 (2016) or school device [whether or sanctioned activity not] sold separately Self-service/vending sales of on or off school . . . .” TEX. HEALTH e-cigarettes restricted to property.” TEX. & SAFETY CODE locations inaccessible to EDUC. CODE ANN. ANN.. § 161.081(1- persons under age 18. TEX. § 38.006(b) (2016) a) (2016) HEALTH & SAFETY CODE ANN. § 161.086 (2016) Use of vapor Vapor products products is means “Electronic prohibited inside cigarettes (e- Department of Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 cigarettes) or any Criminal Justice other device that facilities, but uses a mechanical permitted in heating element, designated battery, or outdoor areas. 37 electronic circuit to TEX. ADMIN. deliver vapor that CODE § 151.25(d) may include (2016) nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.” 37 TEX. ADMIN. CODE. § 151.25(a)(10) (2016) Utah Yes Sales restrictions: N/A Sales of Selling/distributing electronic Yes Use of e-cigarettes UTAH CODE electronic cigarettes to persons under age UTAH included in §§ 26-42- Electronic cigarette cigarette 19 prohibited. UTAH CODE §§ CODE § 59- definition of 102(6) and means “(i) an products must 76-10-104(1) and 76-10- 14-803(1) smoking and 17-50- electronic device comply with 111(2) (2016) (2016) therefore similarly 333(1)(c), used to deliver or packaging, restricted in public and 10-8- capable of labeling, and Purchase/ possession of indoor places 41.6(1)(c) delivering vapor content/ingred electronic cigarette by person temporarily (2016) containing nicotine ient aged 18 years or younger excepting vape into a person’s restrictions prohibited. UTAH CODE § 76- shops restricting respiratory system; adopted by the 10-105 (2016) entry to persons (ii) any component Department of 19 and older. of or accessory Health. Self-service displays and UTAH CODE §§ intended for use Restrictions vending machine sales 26-38-2(4) with the device include restricted to locations (defining Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 described in packaging of inaccessible to persons under smoking), 26-38- subsection [(i)]; or electronic- age 19 without a parent or 2.6(1) (allowing (iii) an accessory cigarette guardian. UTAH CODE § 76- exceptions for sold in the same substances in 10-105.1(2) (2016) vape shops), 26- package as the a child- 38-3 (2016) device described in resistant Retail tobacco specialty (allowing general subsection [(i)]. (b) container, businesses (tobacco product exceptions) includes an e- display of sales, including e-cigarettes, cigarette as defined nicotine account for more than 35% of It is a in §26-38-2.” content on total annual gross receipts) misdemeanor to UTAH CODE § 59- label, and must be licensed by counties intentionally 14-802(2) (2016) required and municipalities. UTAH transport/deliver/d safety CODE §§ 17-50-333(1)–(4) istribute or aid warning, and 10-8-41.6(1)–(4) (2016) distribution of Electronic cigarette among other electronic product means “an things. UTAH Location of tobacco retail cigarettes in a electronic cigarette ADMIN. CODE specialty businesses minimally correctional or an electronic R384-415-1 to restricted relative to schools, facility. UTAH cigarette R384-415-11 child care facilities, churches, CODE § 76-8- substance.” UTAH (2016) libraries, playgrounds, other 311.3(5)(d) (2016) CODE §§ 59-14- (authorized by tobacco specialty shops, and 802(3) and 76-10- UTAH CODE § other facilities. UTAH CODE §§ School boards 101(3), and 26-57- 26-57-103) 17-50-333(5) and 10-8- directed to adopt 102(3) (2016) 41.6(5) (2016) rules prohibiting use and possession Electronic cigarette of electronic substance means cigarettes on “any substance, school property including liquid and at sponsored containing nicotine, activities. UTAH used or intended CODE § 53A-11- for use in an 908(2) (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 electronic cigarette.” UTAH CODE § 59-14- 802(4) (2016)

Use restrictions:

E-cigarette means “[(a)] any electronic oral device: (i) that provides a vapor of nicotine or other substance; and (ii) which simulates smoking through its use or through inhalation of the device; and (b) includes an oral device that is: (i) composed of a heating element, battery, or electronic circuit; and (ii) marketed, manufactured, distributed, or sold as: (A) an e- cigarette; (B) e- cigar; (C) e-pipe; or (D) any other Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 product name or descriptor, if the function of the product meets the definition of Subsection [(a)].” UTAH CODE § 26- 38-2(1) (2016) Vermont No Tobacco substitute N/A Liquid Sale/distribution of tobacco Yes Use of tobacco means “products, nicotine must substitutes to persons under 7 VT. substitutes including electronic be sold in age 18 prohibited. 7 VT. STAT. STAT. prohibited at child cigarettes or other child-resistant ANN § 1003(a) (2016) ANN. § care facilities. 33 electronic or packaging, 1002(a) VT. STAT. ANN. § battery-powered excluding pre- Purchase/possession of (2016) 3504 (2016) devices, that filled tobacco substitutes by persons contain and are cartridges not under age 18 prohibited. 7 VT. Use of tobacco designed to deliver intended to be STAT. ANN. § 1005(a) (2016) substitutes nicotine or other opened by prohibited on substances into the consumer. 7 Self-service displays and “public school body through VT. STAT. vending machine sales grounds” and at inhaling vapor . . . ANN. § restricted to locations sponsored events. .” 7 VT. STAT. 1012(a) inaccessible to persons under 16 VT. STAT. ANN. § 1001(8) (2016) age 18 years. 7 VT. STAT. ANN. § 140 (2016) (2016) ANN. § 1003(b), (d) (2016) Use of tobacco Nicotine liquid substitutes container means “a prohibited in bottle or other workplaces (but container of a this does not apply nicotine liquid or to vape shops). 18 other substance VT. STAT. ANN. § containing nicotine 1421 (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 which is sold, marketed, or Use of tobacco intended for use in substitutes a tobacco substitute prohibited in [except a container] indoor public prefilled and sealed places and certain by the outdoor areas on manufacturer and state property and not intended to be hospital grounds opened by the similarly to consumer.” 7 VT. smoking (with STAT. ANN. § some exceptions). 1012(b)(2) (2016) 18 VT. STAT. ANN. § 1742 (2016)

Use of tobacco substitutes prohibited in cars with young children. 23 VT. STAT. ANN. § 1134b (2016) Virginia No Nicotine vapor N/A Liquid Sale/distribution of nicotine No School boards product means nicotine must vapor products to persons directed to “any be sold in a under age 18 prohibited. VA. develop and noncombustible child-resistant CODE ANN. § 18.2-371.2(A) implement policy product containing container. VA. (2016) to prohibit e- nicotine that CODE ANN. § cigarette use on employs a heating 59.1- Purchase/possession of school bus, school element, power 293.11(A) nicotine vapor product by property and at source, electronic (2016) person under age 18 school-sponsored Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 circuit, or other prohibited. VA. CODE ANN. § activities. VA. electronic, 18.2-371.2(B) (2016) CODE ANN. § § chemical, or 22.1-79.5 and mechanical means, 22.1-279.6(H) regardless of shape (2016) 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, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.” VA. CODE ANN. § 18.2- 371.2(H) (2016)

Liquid nicotine means “a liquid or other substance Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product.” VA. CODE ANN. § 59.1- 293.10 (2016)

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 intended to be opened by the consumer. VA. CODE ANN. § 59.1- 293.10 (2016) Washington No Vapor product N/A Liquid Sale of vapor products to Yes. Use of vapor means “any nicotine persons under age 18 WASH. products noncombustible containers prohibited. WASH. REV. CODE REV. CODE prohibited in and product that may must be child ANN. § 26.28.080(1) (2016) ANN. § on grounds of contain nicotine resistant, 70.345.030 child care and that employs a labeled with facilities, schools, Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 heating element, warnings Purchase/possession of vapor (1)(a) and playgrounds, power source, concerning products by persons under age (2016) school buses and electronic circuit, nicotine, 18 prohibited. WASH. REV. elevators, and or other electronic, keeping away CODE ANN. § 70.345.140(1) within 500 feet of chemical, or from children, (2016) schools. WASH. mechanical means, age REV. CODE ANN. regardless of shape restrictions Self-service displays of vapor § 70.345.150 or size, that can be and nicotine products prohibited except in (2016) used to produce content. retailers inaccessible to vapor or aerosol WASH. REV. persons under age 18. WASH. from a solution or CODE ANN. REV. CODE ANN. § 70.345.080 Use of electronic other substance §§ (2016) cigarettes within [including] 70.345.130(1) public institutions electronic cigarette, and Samples of vapor products of higher electronic cigar, 70.345.075 must take place within education electronic cigarillo, (2016) licensed retail premises that is restricted through electronic pipe, or restricted to those over the age regulation. (e.g., similar product or of 18 years, contain no Eastern device and any nicotine (unless “customer Washington vapor cartridge or explicitly consents”), and use a University WASH. other container that disposable mouthpiece. WASH. ADMIN. CODE § may contain REV. CODE ANN. § 70.345.100 172-122-310 nicotine in a (2016) (2016); Peninsula solution or other College WASH. form that is Free vapor product distribution ADMIN. CODE § intended to be used prohibited unless part of in- 132A-125- with or in [such a person transaction/sale of 030(10)(d) (2016); device].” WASH. vapor product. WASH. REV. Lake Washington REV. CODE ANN. § CODE ANN. § 70.345.110 Institute of 70.345.010(19) (2016) Technology (2016) WASH. ADMIN. CODE § 495D- Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Closed system 140-070(4) nicotine container (2016); and means “a sealed, University of prefilled, and Washington disposable WASH. ADMIN. container of CODE § 478-136- nicotine in a 035 (2016)) solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.” WASH. REV. CODE § 70.335.010(4)

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 Liquid nicotine container means “a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration [excepting] closed system nicotine containers.” WASH. REV. CODE ANN. § 70.335.010(8) West Virginia Yes Youth Access and E-cigarette liquid N/A Sale/distribution of vapor No Use of tobacco- (“tobacco- Use taxed at rate of products to persons under age derived products derived $0.075 per 18 years prohibited. W.VA. prohibited in product”) Tobacco product milliliter or CODE ANN. § 16-9A-2(b)(3) schools and on W.VA. CODE and Tobacco- fraction thereof. (2016) school grounds ANN. § 16- derived Product W.VA. CODE except those areas 9A-2(a)(1) mean “any product, ANN. § 11-17- Vending machine sales of not used for (2016) containing, made or 4b(b)(1) (2016) vapor products restricted to instructional derived from places inaccessible to persons purposes and tobacco, or under age 18. W.VA. CODE inaccessible to containing nicotine ANN. § 16-9A-8 (2016) students. W.VA. derived from CODE ANN. § 16- tobacco, that is Use/possession of tobacco 9A-4 (2016) intended for human products or tobacco-derived consumption, products by persons under age Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 whether smoked, 18 prohibited. W.VA. CODE breathed, chewed, ANN. § 16-9A-3 (2016) absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little 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) (2016)

Vapor product means “any non- combustible Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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 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.

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 CODE ANN. § 16- 9A-2(a)(3) (2016)

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 activity of smoking…[includi ng] 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 e-liquid to produce an inhalable product…[includin g 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) (2016)

E-cigarette Liquid means “any of the liquids or liquid mixtures used in e- cigarettes and is also known as e- juice, e-liquid or e- liquid product…[includin g] 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. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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) (2016) Wisconsin No Nicotine product N/A N/A Sale/distribution of nicotine No N/A means “a product products to persons under age that contains 18 prohibited. WIS. STAT. nicotine and is not ANN. §§ 134.66(2) and any of the 254.92(2m) (2016) following: (1) a tobacco product; Purchase/possession of [or] (2) a cigarette.” nicotine products by persons WIS. STAT. ANN. § under age 18 prohibited. WIS. 134.66(1)(f) (2016) STAT. ANN. § 254.92(2) (2016) Wyoming Yes Sales Restrictions: N/A Liquid Sales/distribution/delivery of No Use of electronic WYO. STAT. nicotine electronic cigarettes to persons cigarettes ANN. § 14-3- Tobacco products containers under age 18 prohibited. WYO. prohibited in child 301(a)(i) means “any must “be sold STAT. ANN § 14-3-302(a) care facilities (2016) substance in child (2016) when children are containing tobacco resistant present. FAMILY leaf, or any product packaging.” Purchase of tobacco products SERVICES Ch. 4 made or derived WYO. STAT. by persons under age 18 WYO. CODE R. from tobacco that ANN. § 35-7- prohibited. WYO. STAT. ANN § §14 contains nicotine, 14-3-304(a) (2016) Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 including, but not 2002(a) limited to, (2016) Possession/use of electronic cigarettes, cigarettes by persons under electronic age 18 prohibited. WYO. STAT. cigarettes, cigars, ANN § 14-3-305(a) (2016) pipe tobacco, snuff, chewing tobacco or Self-service displays and dipping tobacco . . . vending machine sales of .” WYO. STAT. electronic cigarettes restricted ANN. § 14-3- to locations inaccessible to 301(a)(i) (2016) persons under age 18. WYO. STAT. ANN § 14-3-303(b) Electronic cigarette (2016) means “a product that employs any mechanical heating element, battery or electronic circuit, regardless of shape or size, that can be used to deliver doses of nicotine vapor by means of heating a liquid nicotine solution contained in a cartridge or other delivery system.” WYO. STAT. ANN § 14-3-301(a)(v) (2016)

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 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, electronic pipe or similar product or device, including any vapor cartridge or other container of nicotine in a solution or other Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

State Included in Definition3 Excise or Special Product Youth Access/Other Retail Retail Smoke-Free at Least One Tax (non-sales Packaging Restrictions License/ Restrictions Definition of tax) Permit “Tobacco Required Product” in State Law2 form that is intended to be used with or in an [aforementioned] device.” WYO. STAT. ANN. § 35-7- 2001(a)(iii) (2016)

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. STAT. ANN. § 35-7-2001(a)(ii) (2016)

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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

Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506

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