E-Cigarette Regulations - Idaho

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

Idaho Code Ann. § 39-5702(13) (2020)


How does the state define an e-cigarette?

Tobacco or electronic smoking device means “(i)any substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to cigarettes, cigars, pipes, snuff, smoking or chesing tobacco snus, tobacco papers, or smokeless tobacco; (ii) any electronic smoking device that may be used to deliver an aerosolized or a vaporized substance to the person inahaling from the device, including but not limited to an electronic cigarette, an electronic cigar, an electronic pipe, a vape pen, or an electronic hooka, or any component, part, or accessory of such a device, or any substance intended to be aerosolized or vaporized during use of the device, whether or not the substance contains nicotine, or any heated or lighted device intended to be used for inhalation; or (iii) any components, parts, or accessories of a tobacco prodict or an electronic smoking device, whether or not they contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic hookah, or vape pen, or under any other product name or descriptor.
Idaho Code Ann. § 39-5702(13) (2020)


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



What regulations are in place for e-cigarette packaging?

Electronic smoking devices must be sold in manufacturers sealed package with all required warnings.
Idaho Code Ann. § 39-5707(1) (2020)


What restrictions are in place for retail or youth access?

Sale/distribution of electronic smoking devices to persons under age 18 prohibited.
Idaho Code Ann. §§ 39-5705(1); 39-5714(1) (2020)

Delivery sale of electronic smoking devices require age verification (through credit/debit card verification of name and age) that purchaser is 18 years or older.
Idaho Code Ann. § 39-5715 (2020)

Possession/purchase/distribution/use of electronic smoking device by persons under age 18 prohibited, except possession during course of employment to stock shelves or carry products to customer’s vehicles.
Idaho Code Ann. § 39-5703(1), (2), (5) (2020) 

Vending machine sales and self-service displays of electronic smoking devices restricted to adult-only tobacco stores.
Idaho Code Ann. § 39-5706 (2020)

Shipment of electronic smoking devices must include statement re: prohibition on shipping to individuals under age 18.
Idaho Code Ann. § 39-5717 (2020)

Sale or distribution of electronic smoking devices for free or below cost to members of the public in public places or events prohibited.
Idaho Code Ann. § 39-5707(2) (2020)


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

Idaho Code Ann. §§ 39-5704(1) (all retail sales); 39-5718(1) (2020) (delivery sales)


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



Idaho e-cigarette regulations as of September 15, 2020.

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