Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
How does the state define an e-cigarette?
Tobacco substitute means “an electronic smoking device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation into the body of an individual [and includes] liquid used in [an electronic smoking device whether it contains nicotine or not].”
Del. Code Ann. tit. 11 § 1115(11) (2021)
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 [including] 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.”
Del. Code Ann. tit. 16 § 2902(3) (2021)
Taxation & Licensing
Electronic smoking device means “a nonlighted, noncombustible device that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine for inhalation into the body of an individual [including] a device that is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.”
Del. Code Ann. tit. 30 § 5301(7) (2021)
Tobacco products means “all products made primarily from tobacco for individual consumption, including cigarettes, cigars, pipe tobacco, and vapor products.”
Del. Code Ann. tit. 30 § 5301(15) (2021)
Vapor product means “any nicotine liquid solution or other material containing nicotine that is intended to be used with or in an electronic smoking device.”
Del. Code Ann. tit. 30 § 5301(20) (2021)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Vapor products taxed at a rate of $ 0.05 cents per fluid ml.
Del. Code Ann. tit. 30 § 5305(c)(2) (2021)
What regulations are in place for e-cigarette packaging?
What restrictions are in place for retail or youth access?
Self-service displays/vending machine sales of tobacco substitutes prohibited in places accessible to persons under age 21.
Del. Code Ann. tit. 11 § 1119 (2021)
Marketing or advertising tobacco substitutes on online or mobile applications directed to children is prohibited.
Del. Code Ann. tit. 6 §§ 1204C(e), (f)(3) (2021)
Delivery sales of tobacco substitutes require copy of valid government identification and an attestation from the purchaser stating the identification is true and the consumer understands the minimum legal sales age, delivery to the address on the identification, and is paid for with a credit or debit card issued in the consumer’s name. Additionally, the package must include a notice stating that tobacco substitute sales to consumers under age 21 are illegal. Persons engaging in delivery sales must register such sales with the Department of Finance.
Del. Code Ann. tit. 30 §§ 5363; 5366 (2021)
Is a retail license or permit required to sell e-cigarettes?
No. Although a license is required to sell e-liquid, no license is required to sell e-cigarette devices.
Del. Code Ann. tit. 30 § 5301(15) (definition of tobacco product); Del. Code Ann. tit. 30 § 5301(20) (definition of vapor product); Del. Code Ann. tit. 30 § 5307 (2021)
What smoke-free restrictions exist for e-cigarette use?
Use of electronic smoking devices included in definition of “smoking” and prohibited in same places smoking is prohibited, including public indoor places (such as workplaces, schools, most hotel rooms, and mass transit, with some exemptions).
Del. Code Ann. tit. 16 §§ 2902(12) (definition of smoking); 2903; 2908 (2021)
“Vaping” prohibited at licensed Family Child Care Homes.
934-29 Del. Admin Code § 29.16 (2021)
“Vaping” prohibited in foster homes and in any vehicle used to transport children.
936-40.0 Del. Admin. Code § 40.1.13 (2021)
Delaware e-cigarette regulation as of June 15, 2021.