|Provided by VTA. Published on VapeSling.com 7/2/19|
2019 – NEW STATE LAWS AFFECTING VAPOR|
INTERIM COMPLIANCE UPDATE
July 1, 2019
The Vapor Technology Association has compiled the following list as an overview with citations of state-level vapor product laws that have been enacted recently, meaning the bills have passed the legislature and have been signed by the Governor in the 2019 legislative session.
This update is broken down into four sections covering laws: Raising the age to purchase vapor products (page 2); Raising taxes on vapor products (page 4); Impacting labeling, marketing and licensure (page 6); andAdding vapor to clean indoor air acts (page 8).
It is of note that there are several states with pending legislation that would impact vapor products that have not adjourned yet for 2019. This summary includes bills that would affect the age for legal sales, flavor bans, taxation, as well as online sales bans. The next update of this summary will occur on or by August 1, 2019.
a. This summary is meant to be a resource guide and should not replace the advice of legal counsel.
b. This summary contains state-level information only. Some cities and towns have been passing their own municipal ordinances. Hence, your municipality may have a law that governs your business even if the state does not, OR your town may impose restrictions greater than what is included on this table. So, again, you should not rely on this document for legal advice but should consult your own legal counsel and must investigate whether and to what extent your unit of local government has regulated vapor products.
Raising the Age to Purchase Vapor Products
ALABAMA – T21 Implementation Date: September 1, 2019 Key Provisions: Raises the purchase age to 21 for all tobacco and vaping productsSets advertising restrictionsCreates zoning restrictions for retailers near schools, churches, child care centers and related facilitiesRequires a permit to sell vaping products if over 35% of gross sales Rule-making will be required for implementation.
CONNECTICUT – T21 Implementation Date: October 1, 2019
Key Provisions: Raises the purchase age to 21 for all tobacco and vaping productsIncrease the annual registration fee to sell vaping products from $400 to $800 for dealers with multiple registrationsIncreases the penalties for underage sales with unannounced compliance checksAllows e-cigarette dealers to give promotional samples in connection with the promotion or advertisement of a product in a similar manner as current law allows for cigarettes and tobacco productsBans the use of tobacco and vapor product on the grounds of child care centers and schools Link: https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00013-R00HB-07200-PA.pdf
DELAWARE – T21 Implementation Date: July 17, 2019
Key Provisions: The law increases age to buy tobacco products including vapor products, defined as a tobacco substitute, to age 21 Link: http://legis.delaware.gov/BillDetail?legislationId=47236
MARYLAND – T21 Implementation Date: October 21, 2019
Key Provisions: The law increases the age to buy tobacco products, including vapor products, to age 21 Link: http://mgaleg.maryland.gov/2019RS/Chapters_noln/CH_396_hb1169e.pdf
NEBRASKA – T19 Implementation Date: August 29, 2019
Key Provisions: The law raises the age to purchase tobacco, vapor and related products to 19 Link: https://nebraskalegislature.gov/FloorDocs/106/PDF/Slip/LB149.pdf
NEW YORK – T21 Implementation Date: 120 days after signed by Governor
Key Provisions: Increases the age to purchase tobacco products to 21 Link: https://www.nysenate.gov/legislation/bills/2019/s2833
TEXAS – T21 Implementation Date: September 1, 2019
Key Provisions: Raises the age to purchase tobacco products, including vapor products, to age 21Exemption for military personnel Prohibits local municipalities from adopting or enforcing an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products Link: https://journals.senate.texas.gov/sjrnl/86r/pdf/86RSJ05-27-F.PDF#page=41
UTAH – T21 Implementation Date: July 1, 2020
Key Provisions: The law raises the age to purchase tobacco products, including vapor products to age 21The age increase is phased in over the next three yearsExemption for military personnel Link:https://le.UTAH.gov/~2019/bills/hbillenr/HB0324.pdf
VERMONT – T21 Implementation Date: September 1, 2019
Key Provisions: The law raises the age to purchase tobacco and vaping products to 21 Link: https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT027/ACT027%20As%20Enacted.pdf
VIRGINIA – T21 Implementation Date: July 1, 2019
Key Provisions: The law raises the age to purchase tobacco products to 21Exemption for military personnel Link: https://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0090
WASHINGTON – T21 Implementation Date: January 1, 2020
Key Provisions: The law raises the purchase age for cigarettes, tobacco products, and vapor products to 21Tobacco products may not be sold through a vending machine unless the machine is located in a place where persons under the age of 21 are prohibited or in an industrial worksite where persons under the age of 21 are not employed, and it is located at least ten feet from entrances and exits Link: http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/House/1074.SL.pdf#page=1
New Laws Taxing Vapor Products
CONNECTICUT – Implementation Date: October 1, 2019
Key Provisions: Imposes a bi-furcated tax on sales of electronic cigarette products by e-cigarette wholesalersClosed systems: 40 cents per milliliter (those products that are pre-filled, manufacturer-sealed, and not intended to be refillable)Open systems: 10% of the wholesale price, whether or not sold at wholesale, or if not sold, at the same rate upon use by the wholesaler Link: SEE SECTION 351 https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00117-R00HB-07424-PA.pdf
ILLINOIS – Implementation Date: July 1, 2019
Key Provisions: Amends the definition of “tobacco products” to include electronic cigarettes and the componentsEstablishes a 15% tax based on the total receipts of the wholesale (the same rate as chewing tobacco) Link: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=003501430K10-5
NEVADA – Implementation Date: January 1, 2020
Key Provisions: Establishes a 30% wholesale tax on all vapor and alternative nicotine productsDefines and regulates vapor products as other tobacco productsEstablishes penalties to retailers who distribute other tobacco products to individuals under the age of 18Requires third party verification for online sales of vapor productsAdds vapor products to the Clean Indoor Air Act Link: https://www.leg.state.nv.us/Session/80th2019/Bills/SB/SB263_EN.pdf
NEW JERSEY – Implementation Date: The first day of the fifth month following enactment.
Key Provisions: Establishes bi-furcated tax model between open and closed systemsRequires that open systems only be sold at licensed vapor retailers. Vapor retailer is defined as 50 percent or more of sales are generated by ENDS devices, e-liquids or related accessories. Closed systems: 10 cent per milliliter at distributor level (pre-filled cartridge)Open systems: 10 percent at final point of sale
VTA will work the Department of Revenue on rulemaking if any.
NEW MEXICO – Implementation Date: July 1, 2019
Key Provisions: Establishes bi-furcated tax on all nicotine and non-nicotine containing e-liquidClosed systems: 50 cent per milliliter (pods or carts that are 5 ml or less)Open systems: 12.5% wholesale tax VTA working on guidance with the New Mexico Taxation and Revenue Department.
NEW YORK – Implementation Date: 120 Days after signed by the Governor (no signature at this point)
Key Provisions: Establishes a 20% point of sale tax on vapor productsRequires retailers to be licensed Link: https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02009&term=2019&Summary=Y&Text=Y
VERMONT – Implementation Date: July 1, 2019
Key Provisions: Establishes a 92% wholesale tax on vapor products and devicesDefines vapor products as “other tobacco product” The Department of Revenue will establish a guidance document.
WASHINGTON – Implementation Date: October 1, 2019
Key Provisions: Establishes a wholesale tax on vapor products.Closed system rate: 27 cents per milliliter (pods or carts that are 5 ml or less)Open systems rate: 9 cents per milliliterTax is applied to all pre-existing inventories on or before October 31, 2019 with the tax due January 31, 2020 VTA working on implementation with Washington authorities.
New Laws on Labeling, Marketing and Licensure
INDIANA – Implementation Date: July 1, 2019
Key Provisions: Removes certain requirements from Indiana’s e-liquid container labeling requirements Link: http://iga.in.gov/legislative/2019/bills/senate/271#document-e4036bc2
LOUISIANA– Implementation Date: June 15, 2019
Key Provisions: Dealers who sell vapor product or alternative nicotine products are added to the definition of “wholesaler”Requires a permit from the Alcohol and Tobacco Commission (ATC) to sell vapor and alternative nicotine productsProhibits dealers from purchasing vapor products for resale except from a wholesale dealer who has a valid ATC permitExtends current regulations on tobacco products to vapor and alternative nicotine productsRestricts manufacturers of vapor products from selling vapor products in the state without authorization from the ATC The law requires administrative regulations.
NEBRASKA – Implementation Date: August 29, 2019
Key Provisions: Establishes a new definition for vaping products separate from cigarettes and cigarsRequires licensure to sell vaping productsEstablishes regulations similar to traditional tobacco products Link: https://nebraskalegislature.gov/FloorDocs/106/PDF/Slip/LB397.pdf
SOUTH CAROLINA – Implementation Date: July 1, 2019
Key Provisions: Requires age verification for online sales of vapor productsProhibits youth from entering a retail establishment the primarily sells tobacco or vaping productsProhibits the use of tobacco and vaping products on school or pre-school propertyEstablishes packaging guidelines for e-liquids Link: https://www.scstatehouse.gov/sess123_2019-2020/bills/3420.htm
VERMONT – Implementation Date: July 1, 2019
Key Provisions: Requires licensure to sell vapor productsBans online sales Link: https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT022/ACT022%20As%20Enacted.pdf
Clean Indoor Air Ban on Vaping Products
FLORIDA – Implementation Date: July 1, 2019
Key Provisions: Implements the Florida Constitutional AmendmentBans vaping in an enclosed indoor workplace, except as the proprietor or other person in charge of an enclosed indoor to develop may provide in a policy regarding specified smoking and vaping prohibitions Link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0386/0386.html
NEW MEXICO – Implementation Date: July 1, 2019
Key Provisions: Prohibits vaping where smoking is already prohibitedContains an exclusion for vape shops Link: https://www.nmlegis.gov/Sessions/19%20Regular/final/HB0256.pdf
OKLAHOMA – Implementation Date: July 1, 2019
Key Provisions: Bans vapor products in schools Link: http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/SB/SB33%20ENR.PDF
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