E-Cigarette Regulations - Georgia

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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?

Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from nicotine or other substances in a solution or other form. [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, [including] a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.”
Ga. Code Ann. § 16-12-170(9) (2020)

Closed system means “any disposable container which is prefilled and sealed by the manufacturer, not easily refillable or intended or designed to be refillable, and intended or used to dispense consumable vapor products by way of a vapor device that is intended or designed to be reused.”
Ga. Code Ann. § 48-11-1(16) (2020)

Consumable vapor product means “any liquid solution, whether it contains nicotine or not, that is intended to be heated into an aerosol state and inhaled by an individual [including] e-liquid, e-juice, vape juice, and cartridges that are prefilled with such a solution…”
Ga. Code Ann. § 48-11-1(17) (2020)

Open system means “any method or manner used to contain a comsubable vapor product that is not a closed system.”
Ga. Code Ann. § 48-11-1(32) (2020)

Vapor device means “any system or device developed or intended to deliver a consumable vapor product to an individual who inhales from the device [including] an electronic nicotine delivery system, an electronic cigarette, electronic cigar, electronic pipe, vape pen, vape tool, or electronic hookah.”
Ga. Code Ann. § 48-11-1(39) (2020)

Vapor product means “any consumable vapor product or vapor device.”
Ga. Code Ann. § 48-11-1(40) (2020)

 

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

Consumable vapor products in a closed system taxed at rate of $0.05 per fluid milliliter.
Ga. Code Ann. § 48-11-2(a)(5) (2020) (effective January 1, 2021)

Consumable vapor products in an open system and Vapor devices that contain any consumable vapor product at the time of sale and which ar enot designed or intended to be reused or refilled taxed at rate of 7% total wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances.
Ga. Code Ann. § 48-11-2(6), (7) (2020) (effective January 1, 2021)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale of vapor products to persons under age 21 prohibited.
Ga. Code Ann. § 16-12-171(a)(1)(A) (2020)

Distribution of free vapor products on public property, within 500 feet of playground or school, or to persons under the age 21 prohibited.
Ga. Code Ann. § 16-12-174 (2020)

Purchase/possession/receipt of vapor products by persons under age 21 prohibited.
Ga. Code Ann. §§ 16-12-171(b)(1)(A); 16-12-174(d) (2020)

Vending machine sales of vapor products restricted to locations not readily accessible to persons under age 21 (excepting machines under direct supervision of employee or located at highway rest areas).
Ga. Code Ann. § 16-12-173(e)(1) (2020)

Sales of vapor products to anyone other than a licensed manufacturer, importer, distributor or dealer of vapor products must be made in in-person, face-to-face sale.
Ga. Code Ann. § 48-11-4.1 (2020)

Delivery sales must be made by someone at least 21 years of age after a background check, to a person who is in person to receive it and is at least 21 years of age.
Ga. Code Ann. § 48-11-4.2(a) (2020)

 

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

Yes.
Ga. Code Ann. § 48-11-4(a) (2020) (effective January 1, 2021)

 

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

Use of electronic devices that simulate tobacco smoking prohibited by food service employees at work (except in designated areas).
Ga. Comp. R. & Regs. 511-6-1-.03(5)(i)(1) (2020)

Knowing use of vapor products within a school safety zone prohibited.
Ga. Code Ann. § 16-12-171(c)(1) (2020)

 

Georgia e-cigarette regulations as of December 15, 2020.

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