E-Cigarette Regulations - Alaska

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

No

 

How does the state define an e-cigarette?

Youth Access

Electronic smoking product means “(i) any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-pipe, e-hookah, vape pen, or any other product name or descriptor; or (ii) a component, solution, alternative tobacco product, e-liquid, e-juice, vapor product, flavoring, or aothe related product of an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device of any size or shape used for, or to assist with, aerosolizing and inhaling chemical substances that may cause an adverse effect on human health."
Alaska Stat. § 11.81.900(b)(23) (2020)

Use restrictions

E-cigarette means “any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor [including FDA approved products when] use of those products simulate smoking or expose others to vapor or aerosol."
Alaska Stat. § 18.35.399(4) (2020)

 

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

N/A

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/giving an electronic smoking product to person under age 19 prohibited (unless FDA approved for tobacco cessation or other medical purpose, and is provided by qualified persons).
Alaska Stat. § 11.76.109 (2020)

Self-service displays of electronic smoking products prohibited except in specialty tobacco shops restricting entry to persons 19 and older.
Alaska Stat. § 11.76.106 (2020)

Possession of an electronic smoking product, or a product containing nicotine, by person under 19 prohibited.
Alaska Stat. § 11.76.105 (2020)

Persons under age 19 prohibited from selling electronic smoking products.
Alaska Stat. § 11.76.109(a)(4) (2020)

Vending machines must be located in bar, club or package store away from entrance and under continuous supervision.
Alaska Stat. § 11.76.109(d) (2020)

 

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

Yes.
Alaska Stat. § 43.70.075(a) (2020)

 

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

Use of e-cigarettes included in definition of “smoking” and prohibited in same places smoking is prohibited, including enclosed public areas such as office buildings, hotels, bars, common areas of apartment buildings, places of employment, public transportation, sports venues, child care facilities, and outdoors within 10 feet of playground equipment, and within 20 feet of windows and vents of buildings in which smoking prohibited (with some exceptions).
Alaska Stat. §§ 18.35.399(12) (definition of “smoking”); 18.35.301 (2020)

 

Alaska e-cigarette regulations as of June 15, 2020.

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