E-Cigarette and Vaping Regulations
May 22, 2017
The following chart provides state-by-state regulations for vaping and e-cigarettes. First the states define what they consider to be electronic cigarettes, and then establish regulations concerning purchase and use of such products. Like cigarettes, many restrict the purchase of such items by age of the individual.
| State
| State law applying to e-cigarettes or vaping? | E-Cigarette and Related Definitions (not all inclusive) | Age Restrictions and Fines |
| Alabama | Yes
Alabama Act 2013-383 (HB 286) (Amends Sections 28-11-2 and 28-11-13 to add prohibition of alternative nicotine product to minors.) http://adph.org/tpts/assets/hb286.e-cig.pdf
| “Alternative nicotine product” includes an electronic cigarette, defined as a 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. ALA. CODE § 28-11-2(1) http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm “Vapor products” means any nonlighted, non-combustible 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(a)(16) http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm
| Purchase, use, possession or transport of alternative nicotine products to minor persons is prohibited. Alabama defines a minor as any person under age 19. ALA. CODE § 28-11-13(a) http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm
|
| Alaska | Yes ALASKA STAT. §11.76.109 Selling or giving product containing nicotine to a minor
http://www.legis.state.ak.us/basis/statutes.asp#11.76.109
| “Product containing nicotine” does not include a cigarette, a cigar, tobacco, or a product containing tobacco.
| Sale, gift, furnish, distribution of a product containing nicotine (includes e-cigarettes) to a person under age 19 is prohibited (unless provided by parent or legal guardian), subject to minimum $300 fine if convicted.
|
| Arizona | Yes
ARIZ. REV. STAT. § 13-3622 http://az.elaws.us/ars/13-3622
| “Vapor product” refers to a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size that can be used to heat a liquid nicotine solution contained in cartridges. ARIZ. REV. STAT. §13-622(E)(3)
| Sale, gift, furnishing of a tobacco or vapor product, including electronic cigarettes, or any instrument designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a person under age 18 is prohibited, and a petty offense. ARIZ. REV. STAT. § 13-3622(A)(B) Minors who buy, possess, or knowingly accept [any of the items in the statute] are guilty of a petty offense and subject to a fine of not less than $100, or perform not less than 30 hrs of community restitution. If minor uses written ID to misrepresent their age to induce a person to sell/give/ furnish such item guilty of petty offense and subject to a fine of up to $500. Exception for items used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise. Exception for instruments or paraphernalia gifted to a minor and not used or intended to be used to smoke or ingest tobacco or shisha. ARIZ. REV.STAT. § 13-3622(B) Use of e-cigarettes is prohibited in foster homes and in vehicles when foster child is present. ARIZ. ADMIN. CODE §21-6-315 http://apps.azsos.gov/public_services/Title_21/21-06.pdf
|
| Arkansas | Yes
ARK. CODE ANN. § 5-27-227 http://www.lexisnexis.com/hottopics/arcode/Default.asp
| “Vapor product” means an electronic oral device of any size or shape that contains a vapor of nicotine, e-liquid, or any other substance that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: ·is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination [thereof]; ·works in combination with a cartridge, other container or liquid delivery device containing nicotine or any other substance and manufactured for use with vapor products; ·is manufactured distributed, marketed, or sold as any type of derivation of a vapor product, cigarette, e-cigar, e-pipe, or any other product name or descriptor; and ·does not include a product regulated as a drug or device by the FDA as it existed on January 1, 2015. ARK.CODE ANN. § 26-57-03(38) http://www.lexisnexis.com/hottopics/arcode/Default.asp
“E-liquid” and “e-liquid product” means 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; ARK CODE ANN. §26-57-203(13) “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, but does not include e-liquid contained in a cartridge that is sold, marketed, or intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer. ARK.CODE ANN. § 26-57-254(d) http://www.lexisnexis.com/hottopics/arcode/Default.asp Smoke-free schools and campuses “E-Cigarette” means an electronic oral device that provides a vapor of nicotine or another substance that, when used or inhaled, simulates smoking, including without limitation a device that: ·Is composed of a heating element, battery, electronic circuit, or a combination [thereof]; ·Works 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 ·Is manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor. ARK.CODE ANN. §§ 6-21-609(a) http://www.lexisnexis.com/hottopics/arcode/Default.asp ·and 6-60-803(2) http://www.lexisnexis.com/hottopics/arcode/Default.asp
| Sale/purchase/use/possession of vapor products, e-liquids or any component thereof is prohibited, subject to fines and penalties. ARK. CODE ANN. § 5-27-227 Distribution of vapor products, e-liquids or components, free samples or coupons for free samples thereof near youth-centered places or to persons under age 18 is prohibited, subject to fines and penalties. ARK. CODE ANN. § 5-27-227(f) Possession/use/purchase of vapor products, e-liquids or components thereof by persons under age 18 is prohibited, subject to fines and penalties. ARK.CODE ANN § 5-27-227(b)(1) Self-service displays or vending machine sales of vapor products or e-liquids restricted to locations inaccessible to persons under age 18; restriction does not apply to tobacco businesses, some vending machines, and vape shops. ARK. CODE ANN.§ 5-27-227(g)-(h)
|
| California
| Yes - Stop Tobacco Access to Kids Enforcement Act
CAL. BUS. & PROF. CODE §22950.5(d)
and
CAL. REV. & TAX. CODE §30121(b)
https://www.lawserver.com/law/state/california/codes/california_revenue_taxation_code_30121
| “Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic device that creates an aerosol or vapor, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. “Tobacco product” means any of the following: ·A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. ·An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah… CAL.BUS. & PROF.CODE §22950.5(d)(1)
| The Act reduces and eliminates the illegal purchase and consumption of tobacco by minors.
Every person, firm or corporation knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person under 21 years of age any tobacco, cigarette or cigarettes papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia designed for the smoking or ingestion of tobacco, tobacco products or any controlled substance, is subject to either a criminal action for misdemeanor or to a civil action brought by a city attorney, county counsel or district attorney, punishable by $200 fine for the first offense, $500 for the second offense, and $1,000 for the third offense. CAL PENAL CODE §308 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=308.&lawCode=PEN
Use of electronic cigarettes is prohibited wherever smoking is prohibited (CAL. BUS. & PROF. CODE § 22950.5(c) including, but not limited to, places of Employment; (CAL. LAB. CODE § 6404.5) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=6404.5.
(CAL. HEALTH & SAFETY CODE §1596.795) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1596.795.
foster and group homes; (CAL. HEALTH & SAFETY CODE §1530.7) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1530.7.
within 25 feet of playgrounds or 250 feet of a youth sports events (CAL. HEALTH & SAFETY CODE §104495(b),(d)); http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=104495.
health facilities; (CAL. HEALTH & SAFETY CODE §1286) http://www.oclaw.org/research/code/ca/HSC/1286./content.html#.WRSy3oWcHIU
in cars with minors; (CAL. HEALTH & SAFETY CODE §118948)
and on public transportation system. (CAL. HEALTH & SAFETY CODE §118925)
Schools may not allow students to use tobacco products, including electronic cigarettes, on campus or whole attending school sponsored activities. CAL. EDUC. CODE §48901(a) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=48901.&lawCode=EDC
|
| Colorado | Yes COLO. REV. STAT. § 18-13-121(5) http://www.lexisnexis.com/hottopics/colorado/
| “Cigarette, Tobacco Product or Nicotine Product” means (I) A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe. COLO. REV. STAT. § 18-13-121(5) | Sales/giving/distribution/ dispensing or offering for sale nicotine products to persons under age 18 prohibited, subject to $200 fine upon conviction. COLO. REV. STAT. §§ 18-13-121(1)(a) and 24-35-503(1)(2) http://www.lexisnexis.com/hottopics/colorado/ Teen Tobacco Use Prevention Act: Possession or purchase of nicotine products by persons under age 18 prohibited; subject to $100 fine upon conviction, or participation in tobacco education program or community service. COLO. REV. STAT. §§ 25-14-301(2) http://www.lexisnexis.com/hottopics/colorado/ and 18-13-121(2) |
| Connecticut | Yes
Public Act No. 15-206 http://www.ct.gov/dph/lib/dph/hems/tobacco/pdf/public_act_15-206_ends_final.pdf
Public Act No. 14-76
CONN. GEN. STAT 53-344 https://www.cga.ct.gov/current/pub/chap_946.htm#sec_53-344
| “Electronic nicotine delivery system” means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge, electronic cigarette liquid or other component of such device.” CONN. GEN. STAT. §53-344b(a)(1) “Electronic cigarette Liquid” means a liquid that, when used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product. CONN. GEN. STAT. § 53-344b(a)(10) “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 does not include container that is prefilled and sealed by manufacturer and not intended to be opened by consumer. CONN. GEN. STAT. § 19a-342a(a)(3) “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. §§ 53-344b(a)(9) and 19a-342a(a)(4) | Sales/giving/delivery of electronic nicotine delivery system or vapor product to persons under age 18 prohibited, subject to various fines and penalties. CONN. GEN. STAT. § 53-344b(b)
Purchase/possession of electronic nicotine delivery system or vapor product by persons under age 18 prohibited, subject to $50 fine first offense; $100 fine for subsequent. CONN. GEN. STAT. § 53-344b(c)
Manufacturers of electronic nicotine delivery systems or vapor products must apply and receive dealer registration certificate from the State, with renewal requirement. CONN. GEN. STAT. § 21a-415a(a) https://www.cga.ct.gov/current/pub/chap_420g.htm
|
| Delaware | Yes
Sale or distribution of tobacco products or tobacco substitutes to minors 11 DEL CODE ANN. § 1116 http://www.mass.gov/courts/docs/lawlib/900-999cmr/940cmr21.pdf
| (Hyperlinks under State law column) “Tobacco substitute” means any device employing a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to deliver nicotine into the body through inhalation and that has not been approved by the United States Food and Drug Administration for tobacco cessation or other medical purposes, or any noncombustible product containing nicotine intended for use in such a device that has not been approved by the United States Food and Drug Administration for tobacco cessation or other medical purposes. 11 DEL. CODE ANN. §1115(11)
“Electronic smoking device means any 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-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. 16 DEL. CODE ANN. §2902(3) http://delcode.delaware.gov/title16/c029/index.shtml
| (Hyperlinks under State law column) Sale or distribution of tobacco substitutes under age 18 is prohibited, and proof of age required up to age 27. 11 DEL. CODE ANN. §§ 1116(a), 1118(a) and 1120 Purchase, including purchase on behalf of a person (except parent or guardian), of tobacco substitutes under age 18 is prohibited and proof of age required up to age 27. 11 DEL. CODE ANN. § 1124(a) Self-service displays/vending machine sales of tobacco substitutes is prohibited in places that are accessible to persons under age 18. 11 DEL. CODE ANN. §1119 All of the above require specific notice posting in conspicuous places at point of sale, and include a toll-free phone number to the Department of Safety and Homeland Security for persons to report unlawful sales tobacco substitutes. Failure to post a notice is subject to a $100 fine. 11 DEL. CODE ANN. §1117
Fines: Violations of § 1116, § 1118, § 1119 or § 1120 subject to fine of $250 first offense, $500 second offense and $1,000 third and subsequent offenses. Also, possible suspension of license for sale of tobacco products for up to 6 months. |
| District of Columbia | Yes
D.C. CODE § 47-2401(5A); https://beta.code.dccouncil.us/dc/council/code/sections/47-2401.html
D.C. CODE § 7-1702(7) https://beta.code.dccouncil.us/dc/council/code/sections/7-1702.html
| “Vapor product” means ·any non-lighting, non-combustible product that employs a mechanical heating element, battery, or electronic circuit, regardless of shape or size, that can be used to produce aerosol from nicotine in a solution; or ·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. D.C. CODE § 47-2401(9A) “Electronic smoking device” means any product, including one composed of a heating element, battery, or electronic circuit, that contains or delivers nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product [including] any such product regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or by any other product name or descriptor. D.C. CODE §7-741.01(1) https://beta.code.dccouncil.us/dc/council/code/sections/7-741.01.html
| No person may manufacture, or sell vapor products without first obtaining a license. D.C. CODE § 47-2404(a) https://beta.code.dccouncil.us/dc/council/code/sections/47-2404.html
Vending machine sales of vapor products restricted to establishments inaccessible to persons under age 18. D.C. Code § 47-404(b)(3)(A) https://www.bing.com/search?q=D.C.+Code+%C2%A7+47-404&FORM=EDGNNC
|
| Florida | Yes (but not included in tobacco law)
FLA. STAT. § 877.112 http://www.flsenate.gov/Laws/Statutes/2014/877.112
| “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any 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) “Nicotine product” means any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: (1) Tobacco product … FLA. STAT. §877.112(1)(b) | Prohibited to sell, deliver, barter, furnish, or give, directly or indirectly nicotine dispensing devices or nicotine products to persons under age 18. FLA. STAT. § 877.112(2)–(3) Self-service displays of nicotine products or nicotine dispensing devices prohibited in places accessible to persons under 18 years except sales made through vending machine with lockout device controlled by retailer. FLA. STAT. § 877.112 (11)–(12) 112(6)
Violations of above statutes are a second degree misdemeanor and subject to fines up to $500, plus court costs; possible imprisonment up to 60 days.
Purchase, attempt to purchase, or possession of nicotine product or a nicotine dispensing device by persons under age 18 prohibited, subject to community service or fines; and attending a school-approved anti-tobacco and nicotine program. For third or subsequent violations, subject to loss of driving privileges. FLA. STAT. § 877.112(6) |
| Georgia | Yes (but not included in tobacco law)
GA. CODE ANN. § 16-12-170 http://www.lexisnexis.com/hottopics/gacode/layout.htm
| “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. The term 'vapor product' shall include 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 electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” GA. CODE ANN. § 16-12-170(10) | Sales or bartering, directly or indirectly, any alternative nicotine products or vapor products to a person under age of 18 is prohibited, and is a misdemeanor. GA. CODE ANN. § 16-12-171(a)(1) http://www.lexisnexis.com/hottopics/gacode/layout.htm Distribution of free vapor products on public property, within 500 feet of playground or school, or to persons under the age 18 prohibited. GA. CODE ANN. § 16-12-174 http://www.lexisnexis.com/hottopics/gacode/layout.htm
Vending machine sales of vapor products restricted to locations not readily accessible to persons under age 18 (excepting machines under direct supervision of employee or located at highway rest areas). GA. CODE ANN. § 16-12-173(e) http://www.lexisnexis.com/hottopics/gacode/layout.htm
Purchase/possession of vapor products by persons under age 18 prohibited. GA. CODE ANN. § 16-12-171(b)(1)
|
| Hawaii | Yes
Tobacco products and electronic smoking devices; persons under twenty-one years of age HAW. REV. STAT. §709-908
http://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-709-908.html
HAW. REV. STAT. §§323F-34(d); 321-211; 328J-1; and 712-1258(5) | “Electronic smoking device” means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product. Tobacco product means any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means. It includes but is not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. HAW. REV. STAT. §§ 323F-34(d); 321-211; and 328J-1 | The state policy prohibits the sale of tobacco products in any form, including electronic smoking devices to any person under age 21, effective January 1, 2016; and imposes fines for violations.
Sale/purchase of tobacco products or electronic smoking devices to persons under age 21 prohibited, subject to fines of $500 to $2,000. Under-age purchasers subject to $10 fine for first offense; $50 for subsequent offense. HAW. REV. STAT. §709-908 (1)(2)(3)(4) HAW. REV. STAT. § 712-1258(1)
Purchase of electronic smoking device by person under age 21 prohibited. HAW. REV. STAT. § 712-1258(3)
Possession or use of electronic smoking device by person under age 21 in public prohibited. HAW. REV. STAT. § 321-212
Distribution of samples of electronic smoking devices on public property or within 1000 feet of a school is prohibited. HAW. REV. STAT. § 328J-17(a) |
| Idaho | Yes, but not included in tobacco law
IDAHO CODE ANN. § 39-5702, 5703, 5705, 5706, 5708, 5714, 5715, 5717A
| “Electronic cigarette” means any device that can provide an inhaled dose of nicotine by delivering a vaporized solution. Includes the components of an electronic cigarette including, but not limited to, liquid nicotine. IDAHO CODE ANN. § 39-5702(6) https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH57/SECT39-5702/
| Sale/distribution of electronic cigarettes to persons under age 18 prohibited. IDAHO CODE ANN. § 39-5705(1) https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH57/SECT39-5705/ Possession/purchase/ distribution/ use of electronic cigarettes by persons under age 18 prohibited. IDAHO CODE ANN. § 39-5703(1)(2) https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch57/sect39-5703/
Vending machine sales and self-service displays of electronic cigarettes only in tobacco stores. IDAHO CODE ANN. § 39-5706 https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH57/SECT39-5706/
Shipment of e-cigarettes must include statement “ELECTRONIC CIGARETTES: IDAHO LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS. PERSONS VIOLATING THIS MAY BE CIVILLY LIABLE.” IDAHO CODE ANN. § 39-5717A https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH57/SECT39-5717A/
|
| Illinois | Yes - Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act
720 ILL. COMP. STAT. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1962&ChapterID=53
Chicago, IL Ordinance: E-Cigarettes (see Age and Other Restrictions) And Flavored Tobacco (see Age and Other Restrictions)
https://www.cityofchicago.org/city/en/depts/bacp/supp_info/tobaccoregulations.html
| “Alternative nicotine product” means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means. 720 ILL. COMP. STAT. 675/1.5(a)
“Electronic cigarette” or “E-cigarette” means a battery operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof that are turned into vapor which is inhaled by the user. 430 ILL. COMP. STAT. 40/2.10 http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1652&ChapterID=39
| Sale or offer for sale, give of furnish alternative nicotine products to persons under age 18 is prohibited, and is a petty offense subject to various fines and penalties. 720 ILL. COMP. STAT. 675/1.5(b)
Self-service display of alternative nicotine products restricted to adult-only tobacco stores or sold in age restricted area, and is a petty offense subject to various fines and penalties. 720 ILL. COMP. STAT. 677/10 http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2606&ChapterID=53 Possession of alternative nicotine products by persons under age 18 is prohibited, subject to a petty offense subject to various fines and penalties, including community service. 720 ILL. COMP. STAT.675/1.5(d)
Chicago, IL Ordinance: E-Cigarettes: The sale of e-cigarettes requires a Retail Tobacco license. The sale, sampling, bartering, or exchange of e-cigarettes to minors is illegal. Samplers of e-cigarettes, vape pens, e-hookah, and e-juice must obtain a Tobacco Product Sampler license and provide notice to BACP of the location(s) at which they propose to conduct sampling not less than 30 days prior to the actual sampling date. The sale of e-cigarettes is not permitted within 100 feet of a school and/or day care facility. The sale of e-cigarettes in vending machines is illegal. All tobacco products must be stored in a manner that is not physically accessible in any way to a member of the general public, and the sale of tobacco products must involve a direct person-to-person transfer between store agent and customer.
Flavored Tobacco: Any new or existing Chicago-based tobacco retailer located within a 500 foot radius of any elementary, middle, or secondary school has 90 days to cease selling all flavored tobacco products. Ordinance Exception: “Retail Tobacco” stores that derive more than 80% of their gross revenue from the sale of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, and/or electronic cigarettes. |
| Indiana | Yes
IND. CODE §7.1-1-3-47.5(b) http://codes.findlaw.com/in/title-7-1-alcohol-and-tobacco/in-code-sect-7-1-1-3-47-5.html
| “Electronic cigarette” means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. Includes the components and Cartridges of an electronic cigarette. IND. CODE 24-3-7-4 http://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-3-7-4.html “Electronic delivery device” means any product that: (1)contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2)can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product. (3)The term includes any component part of an “electronic delivery device”, whether or not the component part is marketed or sold separately. IND. CODE § 24-3-7-5 http://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-3-7-5.html “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 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 http://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-3-7-6.html
“Electronic cigarette” means a powered vaporizer that: (1)is the size and shape of a traditional cigarette; (2)uses a sealed non-refillable cartridge containing not more than four (4) milliliters of a 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 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-2-9 “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 non-refillable sealed cartridges of four (4) milliliters or less used in electronic cigarettes. IND. CODE § 7.1-7-2-10 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-2-10 “Vapor pen” means a powered vaporizer, other than an electronic cigarette, that converts e-liquid to a vapor intended for inhalation. IND. CODE § 7.1-7-2-23 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-2-23
| Sales or distribution (give, advertise, market) of electronic cigarettes to the public under age 18 is prohibited, is a Class C infraction and subject to various fines and penalties. IND. CODE §§35-46-1-10 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_35-46-1-10 Purchase, acceptance or possession of electronic cigarettes by persons under age 18 is prohibited, subject to various fines. IND. CODE § 35-46-1-10.5(a) https://www.lawserver.com/law/state/indiana/in-code/indiana_code_35-46-1-10-5 It is unlawful for a person age 18 or over to knowingly, intentionally encourage, aid, induce or cause a minor to commit an act of delinquency. IND. CODE § 35-46-1-1.8(a) https://www.lawserver.com/law/state/indiana/in-code/indiana_code_35-46-1-8 Self-service displays and coin machine sales of electronic cigarettes restricted to tobacco/ vape shops and places inaccessible to persons under age 18, is a Class C infraction and subject to various fines and penalties. IND. CODE § 35-46-1-11.5(c) https://www.lawserver.com/law/state/indiana/in-code/indiana_code_35-46-1-11-5 E-liquid manufacturing (including mixing, bottling, and packaging) and sale of e-liquids to retailers or distributors require an application and permit. IND. CODE § 7.1-7-4-1 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-4-1 Sale of e-liquids to persons under age 18 is prohibited, is a Class C infraction and subject to various fines and penalties. IND. CODE §7.1-7-6-2 https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-6-2
Statute requirements for ingredients for e-liquid; removal of inventory; permit, certificate, or license required by the state. IND. CODE § 7.1-7-5-1(a-c) https://www.lawserver.com/law/state/indiana/in-code/indiana_code_7-1-7-5-1
|
| Iowa | Yes
IOWA HOUSE FILE 2109
http://coolice.legis.iowa.gov/linc/85/external/HF2109_Enrolled.html
| “Vapor product” means any non- combustible product, which may or may not contain 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 a solution or other substance . . . [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a 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) https://www.legis.iowa.gov/docs/code/453A.1.pdf
| Sale/distribution of vapor products to anyone under age 18 prohibited. Possession/purchase or attempt to purchase or use of vapor products by persons under age 18 is prohibited. Violations subject to various fines and penalties. IOWA CODE ANN. § 453A.2(1)(2) IOWA CODE ANN. § 453A.22(2) Self-service displays prohibited. IOWA CODE ANN. § 453A.36A(1) Vending machine sales restricted to adult-only locations. IOWA CODE ANN. §453A.36(6) No distribution of free vapor products to persons under age 18 or within 500 feet of places when primarily in use by minors. IOWA CODE ANN. §453A.39(2)(b) |
| Kansas | Yes
KAN. STAT. ANN. § 79-3321
| “Electronic cigarette” means a battery powered device, whether or not such device is shaped like a cigarette that can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems. KAN. STAT. ANN. § 79-3301(ff)
| Sell/furnish/distribute electronic cigarettes to persons under age 18 is prohibited subject to minimum $25 fine and tobacco awareness class. KAN. STAT. ANN. § 79-3321(l) Purchase/attempt to purchase or possess/attempt to possess electronic cigarettes under age 18 is prohibited, subject to minimum $25 fine and tobacco awareness class. KAN. STAT. ANN. § 79-3321(m)–(n) Self-service displays of electronic cigarettes restricted to tobacco specialty stores and vending machine inaccessible to persons under age 18 or which has a lock-out device. KAN. STAT. ANN. § 79-3321(t)–(u) Smoke-free Public Places and no smoking sign requirements/ fines & penalties: KANSAS STATE STATUTES http://www.kdheks.gov/tobacco/download/kansas_state_statutes.pdf
|
| Kentucky | Yes
KY SB 109 https://openstates.org/ky/bills/2014RS/SB109/
| “Vapor product” means any non-combustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. It includes, but is not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device. KY. REV. STAT. ANN. §438. 305 (9) http://www.lrc.ky.gov/statutes/statute.aspx?id=42967 “Alternative nicotine product” means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by other means. KY. REV. STAT. ANN. §438. 305(1) | Sale of vapor products or alternative nicotine product to persons under age 18 prohibited, requires signs to be posted, and are subject to fines of $100-$500 for first violation; and $500-$1,000 for subsequent violations. KY. REV. STAT. ANN. § 438.310(1) http://www.lrc.ky.gov/statutes/statute.aspx?id=42968 and KY. REV. STAT. ANN. § 438.315(1) http://www.lrc.ky.gov/statutes/statute.aspx?id=42971
Purchase of vapor products or alternative nicotine products by persons under age 18 prohibited, with violation a status offense. KY. REV. STAT. ANN. §§ 438.311(1) and 438.315(2) http://www.lrc.ky.gov/statutes/statute.aspx?id=43495
Vending machines must be Inaccessible to persons under age 18 or in line of sight of cashier. Retail establishments subject to fines of $100-$500 for violations. KY. REV. STAT. ANN. § 438.315(3)
Distribution of free vapor products or alternative nicotine products to persons under age 18 years prohibited. KY. REV. ANN. STAT.§ 438.313(1) http://www.lrc.ky.gov/statutes/statute.aspx?id=42970
Possession/use of vapor products or alternative nicotine products by person under age 18 prohibited. KY. REV. STAT. ANN. § 438.350(1) |
| Louisiana | Yes
Prevention of Youth Access to Tobacco Law
LA SB 12 (ACT 278) http://www.legis.la.gov/Legis/ViewDocument.aspx?d=910690
| “Vapor product” means any noncombustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. A “vapor product” includes 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 electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. LA. REV. STAT. ANN. §26:901(31); http://legis.la.gov/Legis/Law.aspx?d=84839
14:91.8(G)(7); http://legis.la.gov/Legis/Law.aspx?d=78717
14:91.6(B)(7); http://legis.la.gov/Legis/Law.aspx?d=78715
and 47:842(20) http://legis.la.gov/Legis/Law.aspx?d=102596
| Sale/distribution of vapor products to persons under age 18 is prohibited, permits and signs required. LA. REV. STAT. ANN. §§ 14:91.8(C); 26:911(A)(1); and 14:91.6(A) Purchase of vapor product by persons under age 18 prohibited, subject to up to $50 fine. LA. REV. STAT. ANN. § 14:91.8(E) Possession of vapor product by persons under age 18 prohibited unless accompanied by parent or in a private residence. LA. REV. STAT. ANN. § 14:91.8(F) Self-service displays of vapor products restricted to tobacco businesses and vending machines located in age restricted settings, unless the machine has a sign or sticker in at least 22-point type on the front stating, “LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO TO PERSONS UNDER AGE 18″, or words of similar meaning. LA. REV. STAT. ANN. §§ 26:910 and 26:910.1(A) http://www.legis.la.gov/legis/Law.aspx?d=670735 Violations for sales/distribution or signage requirements are subject to minimum $50 fine for first violation, up to $100 for second, and up to $250 for third. Subsequent violations of sales/ distribution are subject to up to $400 fine; and violations of signage requirements up to $500. |
| Maine | Yes
ME 763 LD 1108 http://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0769&item=4&snum=127
MAINE REV. STAT. ANN. tit. 22 § 1541, 1542, 1543, 1544, 1545, 1547, 1548, 1549, 1550, 1578-B http://legislature.maine.gov/legis/statutes/22/title22.pdf
and Attorney General Tobacco Enforcement https://www.attorneygeneral.gov/consumers/tobacco_enforcement_section/
| “Smoking” includes the use of an electronic smoking device. MAINE REV. STAT. ANN. TIT. 22 § 1541(6) “Tobacco products” means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers, rolling papers, pipes, electronic smoking devices and components (i.e., electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen). Attorney General Tobacco Enforcement “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 vape pen. MAINE REV STAT. tit. 22 § 1541(1-A) “Electronic nicotine delivery device” means any non-combustible 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 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) “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 not intended to be opened by the consumer. MAINE REV STAT. tit. 22 §1560-B(1)(C)
| Attorney General Tobacco Enforcement: ·Sale/distribution to persons under age 18 prohibited. ·Employees of e-cigarette retailers must be at least 17 years of age; if employee's age is between 17 and 21, he or she may only sell e-cigarettes in presence of supervisor at least 21 years old. ·Self-service displays of e-cigarettes prohibited except in certain tobacco specialty stores. ·Vending machine sales of e-cigarettes restricted to locations inaccessible to persons under age 18. ·Purchase or possession of tobacco products prohibited under age of 18, subject to first offense fine of $100-$300, second offense $200-$500, and $500 or more for subsequent offenses; as well as possible community service. ·No smoking in “public places”, and many other restrictions for smoking are enforced, such as no smoking in a vehicle with a minor under 16 in the vehicle. http://www.tobaccofreemaine.org/explore_facts/maine-laws.php
|
| Maryland | Yes MD. CODE ANN., HEALTH–GEN. § 24-305
http://mgaleg.maryland.gov/2017rs/statute_google/ghg/24-305.pdf
| No | Sale/distribution/offer of an electronic device, a component of electronic device, or 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”. Violations subject to civil penalty of $300 for a first violation, up to $1,000 for a second violation within 24 months of the first violation, and up to $3,000 for each subsequent violation within 24 months after a preceding violation. MD. CODE ANN., HEALTH–GEN. § 24-305(b) Violations subject to civil penalty of $300 for a first violation, up to $1,000 for a second violation within 24 months of the first violation, and up to $3,000 for each subsequent violation within 24 months after a preceding violation. HB 185 http://mgaleg.maryland.gov/2017rs/fnotes/bil_0005/hb0185.pdf
|
| Massachusetts | Yes
Sales and Distribution of Cigarettes, Smokeless Tobacco Products and Electronic Smoking In Massachusetts
940 CMR 21.00 http://www.mass.gov/courts/docs/lawlib/900-999cmr/940cmr21.pdf
Boston, MA Law: Boston Public Health Commission Regulation Clean Air Works Workplace Smoking and E-Cigarette Use Restrictions (2011)
| “Electronic smoking device” means any product that can deliver nicotine to the user through inhalation of vapor. It includes any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, whether or not sold separately …
“Smoking” or “smoke” means the lighting of … cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section22
Boston, MA Law defines e-cigarette as any electronic device composed of a mouth-piece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid or solid. The term includes such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
| Sales and distribution of electronic smoking devices to persons under age 18 is prohibited. 940 MASS. CODE REGS. 21.04(3) Self-service displays and vending machine sales of electronic smoking devices restricted to adult-only retail facilities. 940 MASS. CODE REGS. 21.04(2) and 21.04(4) Sampling of electronic smoking devices is prohibited. 940 MASS. CODE REGS. 21.04(1)(a) Manufacturing, packaging or importing of electronic cigarettes is prohibited. 940 MASS. CODE REGS. 21.03 Unlawful to sell or distribute nicotine in a liquid or gel substance unless in child-resistant special packaging. 940 MASS. CODE REGS. 21.05
Violations subject to fines of $100 for first offense, $200 second and $300 subsequent offenses. https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section6
Boston, MA Law prohibits use of tobacco and e-cigarettes in the workplace, including adjacent outdoor areas. |
| Michigan | Yes
Youth Tobacco Act 31, amended by SB 667 and SB 668
|
| Sale/giving/furnishing of vapor products and alternative nicotine products to persons under 18 is prohibited, and is a misdemeanor subject to up to $50 fine and additional penalties. Signage required with specific size and wording mandated. SB 668 http://www.legislature.mi.gov/documents/2013-2014/billenrolled/Senate/pdf/2013-SNB-0668.pdf
Purchase/attempt to purchase or possess/attempt to possess e-cigarette or e-cigarette cartridge prohibited by persons under 18 and is a misdemeanor subject to up to $50 fine and additional penalties. SB 667 http://www.legislature.mi.gov/documents/2013-2014/billenrolled/Senate/pdf/2013-SNB-0667.pdf
|
| Minnesota | Yes
Tobacco Moderniza-tion and Compliance Act of 2010
MINN. STAT. § 609.6855 https://www.revisor.mn.gov/statutes/?id=609.6855
MINN. STAT. § 297F.01 (19) https://www.revisor.mn.gov/statutes/?id=297F.19
| “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the … smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. MINN. STAT. §609.685 (1)(b) https://www.revisor.mn.gov/statutes/?id=609.685
“Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. MINN. STAT. §609.685 (1)(c)
| The Act regulates the sale of e-cigarettes and imposes criminal penalties for the sale of nicotine or lobelia delivery products, including e-cigarettes, to minors. Sales to anyone under 18 of a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined by section 609.685 is guilty of a misdemeanor for the first violation. Subsequent violations within five years of a previous conviction is guilty of a gross demeanor. MINN. STAT. § 609.685 (1a), (2) Purchase/possession/use of electronic delivery device by a person under age 18 prohibited. MINN. STAT. § 609.685 (2)(b), (3) Sale of electronic delivery devices from a moveable place of business (kiosk) prohibited. MINN. STAT. § 461.21 https://www.revisor.mn.gov/statutes/?id=461.21 Self-service displays of electronic delivery devices restricted to adult-only, tobacco-only businesses; vending machines restricted to locations inaccessible to persons under age 18. MINN. STAT. § 461.18 https://www.revisor.mn.gov/statutes/?id=461.18
|
| Mississippi | Yes
MISS. CODE ANN. § 97-32-51 http://www.lexisnexis.com/hottopics/mscode/
| “Alternative nicotine product” means: (1) An electronic cigarette; or (2) Any other product that consists of or 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) “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. § 97-32-51(1)(b)(i) | Sale or offer for sale/gift/furnish, directly or indirectly, of alternative nicotine products or any cartridge or component to persons under 18 is prohibited, subject to fine of $50 for first offense, $75 for second, $100 for subsequent offenses. MISS. CODE ANN. § 97-32-51(2)
|
| Missouri | Yes, but not regulated or taxed as tobacco products
MO. REV. STAT. §§ 407.926 and 407.931 http://www.moga.mo.gov/mostatutes/stathtml/40700009261.html?&me=407.926
| “Vapor product” means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape 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…and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used 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) “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) | Sale, distribution or providing of alternative nicotine products or vapor products to persons under age 18 is prohibited, subject to fines and penalties. MO. REV. STAT. §§ 407.926 and 407.931 Vending machine sales restricted to places inaccessible to persons under age 18 or through machines with a lock-out device, subject to fines and penalties. MO. REV. STAT. § 407.931(2)(5) Purchase or attempt to purchase, or possession, of alternative nicotine products or vapor products by persons less than age 18 is prohibited, subject to confiscation of products for first violation, and confiscation plus tobacco or smoking cessation program for subsequent violations. MO. REV. STAT. §407.933.1 |
| Montana | Yes
MONT. CODE ANN. § 16-11-305 http://leg.mt.gov/bills/mca/16/11/16-11-305.htm
| “Alternative nicotine product” means any manufactured noncombustible product containing nicotine derived from tobacco that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by other means. MONT. CODE ANN. § 16-11-302(1)
“Vapor product” means a non-combustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance. It includes 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 such a device. MONT. CODE ANN. § 16-11-302(7) http://leg.mt.gov/bills/mca/16/11/16-11-302.htm
| Sale/distribution of alternative nicotine products or vapor products to persons under age 18 is prohibited. MONT. CODE ANN. § 16-11-305 Vending machine sales restricted to places where alcoholic beverages are sold and consumed on premises, including restaurant bar areas, and where the machine is under direct line-of-sight supervision of the owner or employee. MONT. CODE ANN. § 16-11-306 http://leg.mt.gov/bills/mca/16/11/16-11-306.htm Possession or consumption of alternative nicotine products or vapor products by persons under age 18 is prohibited, subject to fines of $50 for first offense, $75-$100 for second, and $100-$250 for subsequent offenses and possible community service. Attempt to purchase alternative nicotine product or vapor product subject to $50 fine and possible community service for first offense, up to $100 and possible community service for subsequent offenses. MONT. CODE ANN. § 45-5-637 |
| Nebraska | Yes
NEB. REV. STAT. §§ 28-1419 and 28-1425
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1419
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1425
| “Alternative nicotine product” means any noncombustible product containing nicotine intended for human consumption, whether chewed, absorbed, dissolved, or ingested by other means. NEB.REV. STAT. § 28-1418.01(1)
“Vapor product” means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means regardless of shape or size that can be used to produce vapor from nicotine in a solution or other form. It includes 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 such a device. http://nebraskalegislature.gov/laws/statutes.php?statute=28-1418.01
| Sales, distribution, giving or furnishing of alternative nicotine products or vapor products to persons under age 18 is prohibited, and a Class III misdemeanor and subject to loss of license. NEB. REV. STAT. §§ 28-1419 and 28-1425
Use of alternative nicotine products or vapor products by persons under age 18 is prohibited, subject to Class V misdemeanor. NEB. REV. STAT. § 28-1418 http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-1418
Vending machine sales of alternative nicotine products or vapor products are restricted to locations licensed and not open to general public, inaccessible to persons under age 18. Violations are a Class III misdemeanor and subject to loss of license. NEB. REV. STAT. § 28-1429.02 http://nebraskalegislature.gov/laws/statutes.php?statute=28-1429.02 Self-service displays openly accessible are restricted to tobacco specialty stores that derive at least 75% of revenue from tobacco products. NEB. REV STAT. §§ 28-1418.01(3) and 28-1429.03 |
| Nevada | Yes
NEV. REV. STAT. ANN. § 202.2493 https://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec2493
| “Alternative nicotine product” means any noncombustible product containing nicotine intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means (but not a vapor product or a product derived from tobacco). REV. STAT. ANN § 202.2485.1 “Vapor product” means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form. It includes an electronic cigarette, cigar, cigarillo or pipe; and a vapor cartridge or other container of nicotine in a solution or other form intended for use with such product or device. NEV. REV. STAT. ANN §§ 202.2485.5 https://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec2485
and 370.054 | Sale or offer to sell, or distribution of alternative nicotine products or vapor products to persons under age 18 is prohibited, subject to $500 fine and civil penalty of up to $500. NEV. REV. STAT. ANN. § 202.2493.2
Special packaging requirements for alternative nicotine products and vapor products, subject to fines and penalties. NEV. REV. STAT. ANN. § 202.2493
Vending machine sales for other than tobacco products are prohibited. NEV. REV. STAT. ANN. § 202.2494 https://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec2494
|
| New Hampshire | Yes
Youth Access to and use of tobacco products
NH TITLE X, CHAPTER 126-K http://www.gencourt.state.nh.us/rsa/html/x/126-k/126-k-mrg.htm
| “E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking . . . includes . . . e-cigarettes, e-cigars, or e-pipes . . . N.H. REV. STAT. ANN. § 126-K:2(IIa) “Liquid nicotine” means any liquid product composed 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) | Sales, giving, furnishing or distribution of e-cigarettes and liquid nicotine to persons under age 18 is prohibited, subject to fines of up to $250 first offense, $500 second, and $500-$1,500 plus corrective action requirements and other penalties for third offense. Fourth and subsequent offenses carry stiffer fines and penalties, and license suspension/revocation. N.H. REV. STAT. ANN. §§ 126-K:4 and 126-K:8
Distribution or offer to distribute free e-cigarettes or liquid nicotine restricted to locations inaccessible to persons under age 18 or licensed retail tobacco store, subject to similar fines and penalties as for sales of such products. N.H. REV. STAT. ANN. § 126-K:5 Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 18 prohibited, subject to $100 fine for each offense and up to 20 hrs community service, and possible participation in education program. N.H. REV. STAT. ANN. § 126-K:6
Vending machine sales permitted with documented proof of age over 18. N.H. REV. STAT. ANN. § 126-K-3 |
| New Jersey | Yes
New Jersey Smoke-Free Air Act
N.J. STAT. §§ 2A:170-51.4.1(a)(2) http://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
| “Electronic smoking device” means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe. N.J. STAT. §26:3D-57 http://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu “Liquid nicotine” means any solution containing nicotine which is designed or sold for use with an electronic smoking device.” N.J. STAT. § 2A:170-51.9(a)(2) http://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu “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) “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, 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) | Sale or offer for sale or distribution, directly or indirectly, of electronic smoking device to a person under age 19 is prohibited, subject to civil penalty of at least $250 for first violation, $500 for second and $1,000 for third and subsequent violations, with possible loss of license. N.J. STAT. §§ 2A:170-51.4.1(a)(2)
Sales or gifts of electronic smoking device to person under age 19 punished as a petty disorderly persons offense. 2C:33-13.1(a) http://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
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| New Mexico | Yes
Tobacco Products, E-Cigarette and Nicotine Liquid Container Act
N.M. STAT. ANN. § 30-49 http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm
| “E-cigarette” means ·. . . any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and ·includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor . . . N.M. STAT. ANN. § 30-49-2(B); N.M. ADMIN. CODE §6.12.4.7(B) http://164.64.110.239/nmac/parts/title06/06.012.0004.htm “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); N.M. ADMIN. CODE 6.12.4.7(E) “Electronic delivery device” means any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking. N.M. STAT. ANN. § 57-2C-1(C)(2) http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm “Nicotine liquid container” means a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device, but does not include liquid or other substance containing nicotine pre-filled and sealed by manufacturer, and not intended to be opened by the consumer. N.M. STAT. ANN. §57-2C-1(C)(3) | Sale/offer to sell, barter, give (including samples), procure/attempt to procure or distribute e-cigarettes or a nicotine liquid container to persons under age 18 is prohibited. N.M. STAT. ANN. § 30-49-3; N.M. STAT. ANN. §30-49-8 E-cigarettes and nicotine liquid containers restricted to direct, face-to-face exchange between customer and seller. N.M. STAT. ANN. § 30-49-7 Self-service displays of e-cigarettes and nicotine liquid containers is prohibited. N.M. STAT. ANN. § 30-49-7(A)(2) Vending machine sales are restricted to age-controlled locations where under 18 is prohibited. N.M. STAT. ANN. §30-49-7(B) Signs must be prominently displayed at point of sale with printed sign or decal warning of fines for under age purchasers. N.M. STAT. ANN. §30-49-9 |
| New York | No – Packaging of Electronic Liquid
GEN. BUS. LAW § 399-gg (2014)
NYC, NY Law: Local Law 94 of 2013 establishing a sales age of 21 for cigarettes, tobacco products & electronic cigarettes
NYC, NY LAW 94
Suffolk County, NY Law: Law No. 29-2009 Bans the sale of e-cigarettes to persons under age 19
Law No. 29-2009 | “Electronic cigarette” (or e-cigarette) means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such device. N.Y. PUB. HEALTH LAW§ 1399-aa(13) https://www.weblaws.org/new_york/laws/n.y._public_health_law_section_1399-aa “Liquid nicotine (or electronic liquid or e-liquid)” means a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette. N.Y. PUB. HEALTH LAW § 1399-cc(1)(e) https://www.weblaws.org/new_york/laws/n.y._public_health_law_section_1399-cc
NYC, NY Law 94: “Electronic cigarette” means a battery-operated device that contains nicotine and delivers vapor for inhalation. Electronic cigarette shall include any refill, cartridge, and any other component of an electronic cigarette.
Suffolk County, NY Law 29-2009: “E-cigarette” shall mean any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
| Law prohibits sales or offering for sale any electronic liquid as defined in paragraph (e) of subdivision 1 of section 399-cc of the public health law, unless such sale or offer of sale is in a child resistant bottle designed to prevent accidental exposure of children to electronic liquids.
Sale/distribution of e-cigarettes or liquid nicotine to persons under age 18 is prohibited. N.Y. PUB. HEALTH LAW § 1399-cc(2)
Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and adult-only locations. N.Y. PUB. HEALTH LAW § 1399-cc(7)
Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 18, the products must not be accessible to the general public and must be visible to and under the direct control of person in charge. N.Y. PUB. HEALTH LAW § 1399-dd
NYC, NY Law 94: Raises the sales age from 18 to 21 for cigarettes and tobacco products and establishes a sales age of 21 for electronic cigarettes.
Suffolk County, NY Law 29-2009: Law prohibits the sale of e-cigarettes to minors and “the use of e-cigarettes and like products in public places where traditional forms of smoking are already allowed.” |
| North Carolina | Yes
N.C. GEN. STAT. §§ 14-313, http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-313.pdf
and 148-23.1(d)(2) http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_148/gs_148-23.1.html
| “Vapor product” means any non-combustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution contained in a vapor cartridge. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe. N.C. GEN. STAT. § 14-313(a)(5) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-313.html
“E-liquid” means a liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using a vapor product. NC GEN. STAT. §14-401.18A(a) http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-401.18a.html “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)
| Sale, furnish, give, provide or distribute vapor products to persons under age 18 is prohibited, and guilty of Class 2 misdemeanor. N.C. GEN. STAT. § 14-313(b)
Specific sign requirements for posting at retail distributors, subject to $25 fine for first offense, $75 for subsequent. N.C. GEN. STAT. §§ 14-313(b)
Vending machine sales of vapor products restricted to locations open only to persons at least 18 years of age, or where controlled by owner. N.C. GEN. STAT. § 14-313(b1)
Purchase/attempt to purchase, acquire or receive vapor products by persons under age 18 is prohibited. N.C. GEN. STAT. § 14-313(c) |
| North Dakota | Yes
N.D. Cent. Code § 23-12-09 http://www.legis.nd.gov/cencode/t23c12.pdf
N.D. CENT. CODE § 12.1-31 http://www.legis.nd.gov/cencode/t12-1c31.pdf
| N.D. CENT. CODE § 23-12 http://www.legis.nd.gov/cencode/t23c12.pdf
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for the inhalation, in any manner or in any form. It also includes the use of an e-cigarette which creates a vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Act … N.D. CENT. CODE § 23-12-09.15 “E-cigarette” means any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term includes any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, and e-pipe or under any other product, name, or descriptor. N.D. CENT. CODE § 23-12-09.3 “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 includes any component, part, or accessory of such a product, whether or not sold separately … N.D. CENT. CODE § 12.1-31-03.9.b. “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, but does not include a container that is pre-filled and sealed by the manufacturer and not intended to be opened by the consumer. N.D. CENT. CODE §12.1-31-03.2.2 | The Act prohibits smoking, including the use of e-cigarettes, in all enclosed areas of public places and places of employment, including within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is prohibited.
Sale/distribution of electronic smoking devices to persons under age 18 prohibited. N.D. CENT. CODE § 12.1-31-03.1.a. Self-service displays restricted to tobacco specialty stores and vending machines inaccessible to persons under age 18 or which are controlled by the seller. N.D. CENT. CODE §§ 12.1-31-03.1.b. and 12.1-31-03.1.1 Vending machines restricted to areas inaccessible to minors, or where dispensed by a salesperson. N.D. CENT. CODE § 12.1-31-03.1 Purchase/possession/use of electronic smoking device by a person under age 18 is prohibited. N.D. CENT. CODE § 12.1-31-03.2 |
| Ohio | Yes
OHIO REV CODE ANN. § 2927.02(B) http://codes.ohio.gov/orc/2927.02
| “Alternative nicotine product” means … an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. OHIO REV. CODE ANN. § 2927.02(A)(2)(a) “Electronic cigarette” means … any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. OHIO REV. CODE ANN. § 2927.02(A)(6)(a)
| Sale, give or distribute alternative nicotine products to persons under age 18 is prohibited and violations are a misdemeanor of the fourth degree, or third degree if previously convicted. OHIO REV. CODE ANN. § 2927.02(B)(1); (F)(1)
Vending machine sales restricted to locations inaccessible to persons under age 18 or under control of owner. Violations are a misdemeanor of the fourth degree, or third degree if previously convicted. OHIO REV. CODE ANN. § 2927.02(C)
Purchase or attempt to purchase, use, consume, accept or possess alternative nicotine products is not allowed for persons under age 18 unless a parent accompanies them. OHIO REV. CODE ANN. § 2151.87(B) http://codes.ohio.gov/orc/2151.87
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| Oklahoma | Yes
OKLA. STAT. tit.37, § 600 http://www.oklegislature.gov/osStatuesTitle.html
| “Vapor product” means non-combustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. It includes any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. OKLA. STAT. tit.37, § 600.2(8) | Sale, give, furnish, distribute vapor products to persons under age 18 prohibited, subject to administrative fines from $100-$300 and possible suspension or loss of license. OKLA. STAT. tit.37 §§ 600.3(A) and 600.12
Vending machines sales are restricted to locations inaccessible to persons under age 18 or not open to the public. OKLA. STAT. tit.37 § 600.7
Distribution of free vapor products to persons under 18 or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility used primarily by persons under the age of 18 prohibited. OKLA. STAT. tit. 37 § 600.8(A)–(B)
Self-service displays of vapor products inaccessible to persons under age 18, unless sold with assistance from display owner, subject to $200 fine each offense. OKLA. STAT. tit. 37 § 600.10A(A)
Purchase or possession of vapor products by persons under age 18 is prohibited, subject to administrative fines of $100 first offense, $200 for subsequent offenses within one year. OKLA. STAT. tit.10A § 2-8-224(A)
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| Oregon | Yes
OR. REV. STAT. ANN. § 431A.175 https://www.oregonlegislature.gov/bills_laws/ors/ors431A.html
| “Inhalant” means nicotine, a cannabinoid or any other substance that: ·Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person's respiratory system; ·Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person's respiratory system … OR. REV. STAT. ANN. § 433.835(2) https://www.oregonlegislature.gov/bills_laws/ors/ors433.html
“Inhalant delivery system” means: ·A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or ·A component of a device [described above] or a substance in any form sold for the purpose of being vaporized or aerosolized by a device [described above], whether the component or substance is sold separately or is not sold separately … OR. REV. STAT. ANN. § 431A.175(1)(a)(A)
| Sale of inhalant delivery system to person under age 18 is prohibited. OR. REV. STAT. ANN. § 431A.175(2)(a)
Retail stores prohibited to locate inhalant delivery systems where accessible by customers without assistance by a store employee, subject to Class B violation (unless it is an adult only store). OR. REV. STAT. ANN. § 167.407(1) https://www.oregonlegislature.gov/bills_laws/ors/ors167.html
Purchase or possession of an inhalant delivery system by a person under age 18 is prohibited unless in private residence with consenting parent or guardian, subject to a Class D violation. OR. REV. STAT. ANN. §§ 167.401(1) and 167.400
Vending machines of inhalant delivery systems must be located entirely off-limits to persons under 18, subject to a Class B violation. OR. REV. STAT. ANN. § 167.402(2)
Public or private schools, youth correction and juvenile detention facilities must prohibit possession of inhalant delivery systems by persons under age 18 present on the grounds, at the facility or at facility-sponsored activities. Written policy and written plan to implement the policy is required. OR. REV. STAT. ANN. § 339.883 https://www.oregonlegislature.gov/bills_laws/ors/ors339.html
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| Pennsylvania | Yes
PA HB 954 (2014)
| “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, excepting tobacco. 61 PA CODE § 71.4
“Electronic cigarette” means: ·an electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking. ·The term includes: ·[a] device as described in paragraph (1), notwithstanding whether the device is manufactured, distributed marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description[,] ·[a] liquid or substance placed in or sold for use in an electronic cigarette. PA HB 954 (2014) | HB 954 amends Title 18 of the PA Consolidated Statutes to ban the sale of e-cigarettes (nicotine delivery products) to minors (under age 18) and prohibits their use in places accessible to minors. |
| Rhode Island | Yes
R.I. GEN. LAWS ANN. §§ 11-9-13 http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-9/11-9-13.HTM
Providence, RI Ordinance No. 42: Ordinance prohibiting sale of flavored tobacco products (2012) RI MUNI CODE SEC. 14-309
(Note: Providence, RI Ordinance No. 43 not included in chart) | “Electronic nicotine-delivery system” means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of such device. R.I. GEN. LAWS ANN. § 11-9-13.4(15) http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-9/11-9-13.4.HTM
Providence, RI Ordinance No. 42: “Tobacco product” means any product containing tobacco or nicotine, including but not limited to cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable tobacco products, and electronic cigarette cartridges; provided, however, that such term shall not include: (1) cigarettes, including those cigarettes subject to the Special Rule for Cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco Prevention Act (sic); and (2) any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs. RI MUNI CODE SEC. 14-309
| Sale, purchase, give or delivery of electronic nicotine-delivery system to persons under age 18 is prohibited, with required posting of law at least 3/8” high. R.I. GEN. LAWS ANN. §§ 11-9-13 and 11-9-13.8(1)
Possession and public use of electronic nicotine-delivery systems by persons under age 18 is prohibited, subject to 30 hrs community service or tobacco treatment program. R.I. GEN. LAWS ANN. § 11-9-14 http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-9/11-9-14.HTM
Vending machine restricted to locked machines in locations continually supervised and in direct line of sight of authorized person on a business premises or in locations inaccessible to persons under age 21, subject to fines of $75 first offense, $150 second, and $500 for subsequent offenses. R.I. GEN. LAWS ANN. § 11-9-13.1(a) http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-9/11-9-13.1.HTM
Distribution of free electronic nicotine-delivery system to persons under age 18 or within 500 feet of any school is prohibited, subject to action brought by attorney general. R.I. GEN. LAWS ANN. § 11-9-13.10 http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-9/11-9-13.10.HTM
Providence, RI Ordinance No. 42: Prohibits sale or offer for sale of any flavored tobacco product, except in a smoking bar. RI MUNI CODE SEC. 14-309 |
| South Carolina | Yes
S.C. CODE ANN. § 16-17-500 http://www.scstatehouse.gov/code/t16c017.php
| “Alternative nicotine product” means a product, including electronic cigarettes, that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. S.C. CODE ANN. § 16-17-501(6) “Electronic cigarette” means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate 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)
| Sale, furnish, give, distribute, purchase for, or provide alternative nicotine products to persons under age 18 is prohibited. S.C. CODE ANN. § 16-17-500(A) Distribution of samples is also prohibited under age 18: S.C. CODE ANN. § 16-17-502(A)
Purchase or attempt to purchase /possess or attempt to possess alternative nicotine products by persons under age 18 is prohibited. S.C. CODE ANN. § 16-17-500(F)
Vending machine sales of alternative nicotine products restricted to locations inaccessible to persons under age 18, or under control by the owner or licensee, or their employee, and can be only operated by that owner/licensee/ employee. S.C. CODE ANN. § 16-17-500(D) |
| South Dakota | Yes
S.D. CODIFIED LAWS § 34-
| “Vapor product” means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine in a solution or other form. It includes 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 such a device. S.D. CODIFIED LAWS § 34-46-20
| S.D. CODIFIED LAWS § 34-46-20 Tobacco product includes vapor product.
Sale or distribution of vapor products to persons under age 18 is prohibited. S.D. CODIFIED LAWS § 34-46-2(1) http://www.sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-46-2
Purchase or attempt to purchase, give, receive or attempt to receive, or possess or attempt to possess, or consume vapor products by or for persons under age 18 is prohibited. S.D. CODIFIED LAWS § 34-46-2(2)(3)
Distribution of free vapor products within 500 feet of school, playground, or other child-focused facility prohibited. S.D. CODIFIED LAWS § 34-46-2(7) Self-service displays of vapor products may only be located in a tobacco specialty store or vending machine inaccessible to persons under age 18, subject to a Class 2 misdemeanor. S.D. CODIFIED LAWS § 34-46-21
|
| Tennessee | Yes
TENN. CODE ANN. § 39-17-1504 http://www.lexisnexis.com/hottopics/tncode/
| “Vapor product” means any non-combustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit vapor. It includes 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 that is intended to be used with or in any such product. TENN. CODE ANN. § 39-17-1503(10) http://www.lexisnexis.com/hottopics/tncode/ “Liquid nicotine container” means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed or intended for use in a vapor product, but does not include a container prefilled and sealed by the manufacturer, and not intended to be opened by the consumer. TENN. CODE ANN. § 39-17-1512 | Sale, distribute, purchase on behalf of vapor products to persons under age 18 is prohibited. TENN. CODE ANN. § 39-17-1504(a)
Persuade, entice, send, assist person under age 18 to purchase, acquire, receive or attempt to purchase, acquire or receive vapor products for persons under age 18 is prohibited. TENN. CODE ANN. § 39-17-1504(b)
Distribution of free vapor products/samples prohibited on any public street, sidewalk, or park. TENN. CODE ANN. § 39-17-1504(c)
Possess, purchase, or accept receipt, or to present or offer to any person a false proof of age, or not actually that person's own proof of age for purchasing or receiving any vapor product is prohibited, and a civil offense subject to $10-$50 and possible community service work or teen court program. TENN. CODE ANN. § 39-17-1505 http://www.lexisnexis.com/hottopics/tncode/
|
| Texas | Yes
TEX. HEALTH & SAFETY CODE ANN. § 161.082 http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.161.htm
| “E-cigarette” means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to delivery nicotine or other substances to the individual inhaling from the device. It includes an e-cigarette, e-cigar, or e-pipe or under another product name or description; and a component, part, or accessory for the device, whether or not sold separately from the device. TEX. HEALTH & SAFETY CODE ANN. § 161.081(1-a) “Vapor products” means electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.” 37 TEX. ADMIN. CODE. § 51.25(a)(10)
| Sale, give, cause to be sold/given e-cigarettes to or for persons under age 18 is prohibited, and is a criminal offense if committed by retail employee, or a Class C misdemeanor otherwise. TEX. HEALTH & SAFETY CODE ANN. § 161.082 Distribution of samples or coupons is also prohibited under age 18: TEX. HEALTH & SAFETY CODE ANN. § 161.087 Self-service or vending sales of e-cigarettes restricted to locations inaccessible to persons under age 18, or where customers do not have direct access to the products. Violations are a Class C misdemeanor. TEX. HEALTH & SAFETY CODE ANN. § 161.086 Sales of e-cigarette liquid containers are prohibited unless child-resistant or is a prefilled and sealed cartridge by manufacturer and not intended to be opened by a consumer. TEX. HEALTH & SAFETY CODE ANN. § 161.0875 Persons making delivery sales or shipping e-cigarettes must first make a filing and comply with specific reporting requirements. TEX. HEALTH & SAFETY CODE ANN. § 161.456 Purchase or attempt to purchase, possess, consume or accept e-cigarettes by persons under age 18 is prohibited unless possession occurs in the presence of an adult parent, guardian or spouse of the individual. TEX. HEALTH & SAFETY CODE ANN. § 161.252 |
| Utah | Yes
UTAH CODE ANN. §§ 76-10-104 https://le.utah.gov/xcode/Title76/Chapter10/76-10-S104.html?v=C76-10-S104_1800010118000101 | “Electronic cigarette” means i)an electronic device used to deliver or capable of delivering vapor containing nicotine into an individual's respiratory system; ii)a component of the device described in i); or iii)an accessory sold in the same package as the device described in subsection i). “Electronic cigarette” includes an e-cigarette as defined in § 26-38-2: UTAH CODE ANN. § 59-14-802(2) https://le.utah.gov/xcode/Title59/Chapter14/59-14-S802.html?v=C59-14-S802_2015070120150701
“E-cigarette” means any electronic oral device that provides a vapor of nicotine or other substance; and simulates smoking through its use or inhalation of the device and includes an oral device composed of a heating element, battery, or electronic circuit; and marketed, manufactured, distributed or sold as: a)an e-cigarette; b)e-cigar; c)e-pipe or d)any other product name or descriptor with same function. UTAH CODE ANN. § 26-38-2 https://le.utah.gov/xcode/Title26/Chapter38/26-38-S2.html?v=C26-38-S2_1800010118000101 “Electronic cigarette product” means an electronic cigarette or an electronic cigarette substance. UTAH CODE ANN. § 59-14-802(3) “Electronic cigarette substance” means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. UTAH CODE ANN. § 59-14-802(4)
| Provides – sells, gives, furnishes, sends or causes to be sent, any electronic cigarettes to persons under age 19 is prohibited, and is guilty of Class C misdemeanor on first offense, Class B on second and Class A on subsequent offenses. UTAH CODE ANN. § 76-10-104 Purchase, acceptance or possession of electronic cigarette by person aged 18 years or younger is prohibited, subject to fine of $60 and tobacco education program. An 18 year old violation is a Class C misdemeanor. UTAH CODE ANN. § 76-10-105 https://le.utah.gov/xcode/Title76/Chapter10/76-10-S105.html?v=C76-10-S105_1800010118000101 Retail sales restricted to face-to-face exchange. Self-service displays and vending machine sales restricted to locations inaccessible to persons under age 19 without a parent or guardian. Violations are a Class C misdemeanor for first offense, Class B for second and Class A all subsequent offenses. UTAH CODE ANN. § 76-10-105.1 https://le.utah.gov/xcode/Title76/Chapter10/76-10-S105.1.html?v=C76-10-S105.1_2015051220150701 Retail tobacco specialty stores must be licensed and has location restrictions in the county. UTAH CODE ANN. § 17-50-333 https://le.utah.gov/xcode/Title17/Chapter50/17-50-S333.html?v=C17-50-S333_1800010118000101 |
| Vermont | Yes
7 VT. STAT. ANN § 1003
| “Tobacco substitute” means products, including electronic cigarettes or other electronic or battery-powered devices that contain and are designed to deliver nicotine or other substances into the body through inhaling vapor … 7 VT. STAT.ANN. § 1001(8) http://legislature.vermont.gov/statutes/section/07/040/01001
“Nicotine liquid container” means a bottle or other container of a nicotine liquid or other substance containing nicotine which is sold, marketed, or intended for use in a tobacco substitute. Does not include a container prefilled and sealed by the manufacturer and not intended to be opened by the consumer. 7 VT. STAT. ANN. § 1012(b)(2) http://legislature.vermont.gov/statutes/section/07/040/01012
| Sale or providing of tobacco substitutes to persons under age 18 is prohibited. 7 VT. STAT. ANN § 1003(a) http://legislature.vermont.gov/statutes/section/07/040/01003 Self-service displays and vending machine sales restricted to locations inaccessible to persons under age 18 years, or where products are not provided without direct assistance by sales personnel. Additional requirements apply. 7 VT. STAT. ANN. § 1003 Purchase or attempt to purchase, possession of tobacco substitutes by persons under age 18 is prohibited, subject to civil penalty of $25. If person misrepresents their age via false identification, subject to a fine of up to $50, and/or up to 10 hrs community service. 7 VT. STAT. ANN. § 1005 http://legislature.vermont.gov/statutes/section/07/040/01005
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| Virginia | Yes
VA. CODE ANN. § 18.2-371.2 http://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-371.2/
| “Nicotine vapor product” means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form, 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 such a device. VA. CODE ANN. § 18.2-371.2(H) “Liquid nicotine” means a liquid or other substance 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 http://law.lis.virginia.gov/vacode/title59.1/chapter23.2/section59.1-293.10/ “Liquid nicotine container” means a bottle or other container holding liquid nicotine in any concentration, but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. VA. CODE ANN. § 59.1-293.10 http://law.lis.virginia.gov/vacode/title59.1/chapter23.2/section59.1-293.10/
| Sale, distribute, purchase or permit nicotine vapor products to persons under age 18 is prohibited. VA. CODE ANN. § 18.2-371.2(A) Purchase, attempt to purchase or possession of a nicotine vapor product or alternative nicotine product by person under age 18 is prohibited. VA. CODE ANN. § 18.2-371.2(B) |
| Washington | Yes
WASH. REV. CODE ANN. § 26.28.080 http://apps.leg.wa.gov/RCW/default.aspx?cite=26.28.080
| “Vapor product” means any noncombustible product that may contain nicotine and 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 or aerosol from a solution or other substance. It includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in such a device. WASH. REV. CODE ANN. §70.345.010(19) http://app.leg.wa.gov/RCW/default.aspx?cite=70.345.010 “Closed system nicotine container” means a sealed, prefilled, and disposable container of nicotine in a 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 §70.345.010(4) “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; but does not include closed system nicotine containers. WASH. REV. CODE ANN. §70.345.010(8)
| Sale, give, or permit to be sold or given, vapor products to persons under age 18 is prohibited, and guilty of a gross misdemeanor. WASH. REV. CODE ANN. § 26.28.080(1) Purchase or attempt to purchase, possession or obtain or attempt to obtain vapor products by persons under age 18 is prohibited, and a Class 3 civil infraction, subject to a fine and/or community service. WASH. REV. CODE ANN. § 70.345.140(1) http://app.leg.wa.gov/RCW/default.aspx?cite=70.345.140
Self-service displays and vending machines of vapor products prohibited except in adult only stores. WASH. REV. CODE ANN. § 70.345.080 Samples of vapor products must take place within licensed retail premises that is restricted to those over the age of 18 years, contain no nicotine (unless “customer explicitly consents”), and use a disposable mouthpiece. WASH. REV. CODE ANN. § 70.345.100 Free vapor product distribution prohibited unless part of in person transaction/sale of vapor product. WASH. REV. CODE ANN. § 70.345.110
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| West Virginia | Yes W. VA. CODE ANN. § 16-9A- 2(a)(1) http://www.legis.state.wv.us/legisdocs/code/16/WVC%2016%20%20-%20%209%20A-%20%20%202%20%20.htm
| Youth Access and Use “Tobacco product” and “tobacco-derived Product” mean any product, containing, made or derived from tobacco, or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, 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) “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 and size that can be used to produce vapor from nicotine in a solution or other form. It includes 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 such a device. W.VA. CODE ANN. § 16-9A-2(a)(3)
| Sale, gift, furnish or distribute vapor products to persons under age 18 years is prohibited, and is a misdemeanor subject to fines of $50 for first offense, $250-$500 for second, $500-$750 for third, and $1,000-$5,000 for subsequent offenses, with specific time parameters for each offense. W. VA. CODE ANN. § 16-9A-2(b)(3) Sale, gift, furnish or cause to be sold, given or furnished of tobacco product or tobacco-derived product by an individual to a person under age 18 is prohibited, and is a misdemeanor subject to fines of up to $100 for first offense, $100-$500 for subsequent offenses. W. VA. CODE ANN. § 16-9A-2(b)(3)(d) Vending machine sales of vapor products restricted to places inaccessible to persons under age 18. Violation is a misdemeanor and subject to a $250 fine. W. VA. CODE ANN. § 16-9A-8 http://www.wvlegislature.gov/legisdocs/code/16/WVC%2016%20%20-%20%209%20A-%20%20%208%20%20.htm Use or possession on or about a person or their premises of tobacco products or tobacco-derived products under age 18 is prohibited. W. VA. CODE ANN. § 16-9A-3 http://www.legis.state.wv.us/legisdocs/code/16/WVC%2016%20%20-%20%209%20A-%20%20%203%20%20.htm
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| Wisconsin | Yes
WIS. STAT. ANN. §134.66 https://docs.legis.wisconsin.gov/statutes/statutes/134/66
| “Nicotine product” means a product that contains nicotine and is not any of the following: (1) a tobacco product; or (2) a cigarette. WIS. STAT. ANN. §134.66(1)(f) | Sale, gift, furnish or distribute nicotine products to persons under age 18 is prohibited, subject to fines and penalties. WIS. STAT. ANN. § 134.66
Purchase or attempt to purchase, or possess nicotine products by or on behalf of persons under age 18 is prohibited, subject to fines and penalties. WIS. STAT. ANN. § 254.92 https://docs.legis.wisconsin.gov/statutes/statutes/254/IX/92
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| Wyoming | Yes
WYO. STAT. ANN. ARTICLE E – SALE OF TOBACCO § 14-3- 301-308 http://legisweb.state.wy.us/NXT/gateway.dll?f=templates&fn=default.htm
| “Tobacco products” means any substance containing tobacco leaf, or any product made or derived from tobacco that contains nicotine, including, but not limited to, cigarettes, electronic cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. WYO. STAT. ANN. § 14-3-301(a)(i) “Electronic cigarette” 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)
| Sales, gift, offer or deliver electronic cigarettes to persons under age 18 is prohibited. WYO. STAT. ANN § 14-3-302(a) and (c) Purchase or attempt to purchase tobacco products by persons under age 18 is prohibited, and is a misdemeanor subject to fines of $50 for first violation, $250 for second and $750 for subsequent violations, within each 24 month period. WYO. STAT. ANN § 14-3-304 Use or possession of electronic cigarettes by persons under age 18 is prohibited, and is a misdemeanor subject to fines of $50 for first violation, $250 for second and $750 for subsequent violations, within each 24 month period. WYO. STAT. ANN § 14-3-305(a) Self-service displays and vending machine sales of electronic cigarettes must have signs posted and all tobacco products must be within line of sight of a cashier or other employee or under the control of the cashier or other employee. Vending machines must be located where entry by persons under age 18 is prohibited. Violations are a misdemeanor subject to fines of $50 for first violation, $250 for second and $750 for subsequent violations, within each 24 month period. WYO. STAT. ANN § 14-3-303 |
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