Vaping Legislation

vaping legislation

The vaping industry has gone through a lot of trouble under the Obama administration. The sale and use of vaporizers were limited by the regulations passed by government sectors like the FDA. However, a big change is about to happen now that Donald Trump is settled in. For starters, Democrats from the U.S. House of Representatives are passing bills to derail the FDA rule implemented last year.

On August 8, 2016, FDA finalized a rule extending its regulatory authority to cover all tobacco products including vaporizers and other ENDS. This regulation controls the manufacture, import, packaging, labeling, advertising, distribution, sale, promotion and use of the product. You can read more about it on FDA’s website, under the ‘Tobacco Products’ tab.

E-Cigarette Regulations for Some States in the U.S.

Washington – e-cigarettes are not considered as tobacco products in this state. They look at it as a noncombustible product that may contain nicotine and employs a heating element to produce vapor. Washington allows the sale and use of vaporizers in licensed retail stores but prohibits it to minors. The state also requires the liquid nicotine containers to be child resistant. Furthermore, vaping is not allowed in any child care facility such as schools and playgrounds.

California – if you’re fond of vaping, you may not want to live in this state. CA considers e-cigs as tobacco products and has strict rules for it. Consumers under the age of 21 are prohibited to buy and use vaporizers and any other ENDS. The use of these products is also prohibited wherever smoking is prohibited such as places of employment, schools, family day care facilities, foster homes, on public transportation, and more.

Texas – e-cigarettes are not considered as tobacco products in this state. However, they require liquid nicotine that is sold as an accessory for any vaping device to be in a child-resistant container. Sale and distribution of the product are also prohibited to anyone under 18. Individuals who deliver e-cigarettes must also register and comply with certain reporting requirements. Also, if you want to vape here, take note that you may not do so in public areas such as libraries, trains, museums, hospitals and enclosed areas like elevators.

New York – this state doesn’t consider e-cigarettes as tobacco products. In fact, they merely deem it as an electronic device that delivers vapor when inhaled by an individual user. There is no state excise or special tax placed on this product, and they do not require a retail license or permit to sell e-cigs. But they are prohibited to people who are under the age of 18 and can be used in adult-only locations.

Florida – if you’re a vaper, you can very well enjoy living in this state. Just like in New York, they don’t have a special tax placed on e-cigs, and they don’t have a regulation for its packaging as well. However, the sale and use of this product are not allowed for minors. Self-service displays such as vending machines are prohibited in locations accessible to minors.

Illinois – e-cigarettes are not considered as tobacco products in this state. However, the state requires that these products should be sold in child-resistant packaging and consumers under the age of 18 may not purchase or use them.

Colorado – this is one of the few states that consider e-cigs as tobacco products. But unlike CA, they do not have a special tax or a packaging regulation for it. Sale and distribution of nicotine products to people under 18 are not allowed, and you cannot vape on school grounds.

Missouri – e-cigs are not deemed as tobacco products in this state. They don’t have a state excise placed on the product, but they do require liquid nicotine containers to be child-resistant. The sale and distribution of e-cigs are prohibited to minors. Vending machines are not allowed in areas accessible to people who are under the age of 18, and you need a permit to sell e-cigs.

New Jersey – e-cigarettes are not considered as tobacco products in NJ, but they must be sold in child-resistant containers. People who are under the age of 19 are not allowed to purchase or use the product. Also, you can only use your vaping device in areas where smoking is not prohibited.

North Carolina – this state considers e-cigs to be tobacco products and has a state excise or special tax on the product ($0.05/ fluid ml). They require manufacturers of e-liquids that contain nicotine to place the product in a child-resistant container with the proper warning label. Sale and distribution of e-cigs are prohibited to minors, and yes, you need a permit to sell it. When in North Carolina, you cannot vape in State correctional facilities and at child care centers.

Utah – e-cigarettes are considered as tobacco products in this state, and they also require a retail license to anyone who wants to sell it. The sale and distribution of the product are prohibited to people under the age of 19 and tobacco retail businesses are restricted near schools, churches, playgrounds, libraries, etc.  Vaping is restricted in public indoor places temporarily excepting vape shops that restrict entry to persons 19 and older.

Georgia – although this state doesn’t deem e-cigs as tobacco products, they do prohibit the distribution of free vapor products on public property. If you’re under 18, buying or using the product is against the law. If you want to sell it, make sure that you are not within 500 feet of any playground or school. You also cannot place e-cigs on vending machines that are readily accessible to minors, unless you employ someone for direct supervision.

Kansas – the state doesn’t consider vape products as tobacco products. However, you will need a permit to sell and distribute it. Your customers must also be above 18 as sale and distribution to minors are not allowed. The state has a privilege tax for sale or dealing of e-cigs; you have to pay $0.20 per fluid ml of consumable material.

As you can see, different states have varying laws relating to e-cigarettes and other vaping products. To make sure that you’re abiding by the rules in your area, please check with your local government for complete information or visit this website: http://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review.

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