E-Cigarette Regulations - Minnesota

You are here

Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes
Minn. Stat. § 297F.01(19) (2018)

 

How does the state define an e-cigarette?

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. Ann. § 609.685(1)(c) (2018)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Tax of 95% of wholesale price imposed on tobacco products, including e-cigarettes.
Minn. Stat. Ann. § 297F.05(3) (2018) and Minn. Dep’t of Revenue Notice #12-10

 

What regulations are in place for e-cigarette packaging?

Liquids intended for human consumption and use in an electronic delivery device (whether they contain nicotine or not) must be sold in child resistant packaging.
Minn. Stat. Ann. § 461.20(b) (2018)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic delivery devices prohibited to persons under age 18.
Minn. Stat. §§ 609.685(1a) and (2)(a) (2018)

Purchase/possession/use of electronic delivery device by person under age 18 prohibited.
Minn. Stat. §§ 609.685(2)(b) and (3) (2018)

Sale of electronic delivery devices from a moveable place of business (kiosk) prohibited.
Minn. Stat. § 461.21 (2018)

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 (2018)

 

Is a retail license or permit required to sell e-cigarettes?

Yes. A town board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices.
Minn. Stat. § 461.12(1) (2018)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic delivery devices prohibited in day care and health facilities, and government owned or operated buildings.
Minn. Stat. § 144.414 (2018)

Use of electronic delivery devices prohibited in public and charter schools and any facility or vehicle owned, rented or leased by a school district.
Minn. Stat. § 144.4165 (2018)

 

Minnesota e-cigarette regulation as of June 15, 2018. Click to return to the map page.