E-Cigarette Regulations - Kentucky

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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 that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. . . . [I]ncludes but is not limited to any device deemed to be an electronic nicotine delivery system by the [FDA], any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.”
Ky. Rev. Stat. Ann. § 438.305(9) (2020)

Closed vapor cartridge means “a pre-filled disposable cartridge that: (1) is intended to be used with or in a noncombustible product that employs a heating element battery, power soure, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to deliver vaporized or aerosolized nicotine, non-nicotine substances, or other materials to users that may be inhaling from the product such as any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device and every variation thereof, regardless of whether marketed as such; and (2) contains nicotine or nonnicotine substances or other material consumed during the process of vaporization or aerosolization.”
Ky. Reg. Stat. Ann. § 138.130(4) (2020)

Open vaping system means “(1) Any noncumbustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that uses a refillable liquid solution to deliver vaporized or aerosolized nicotine, non-nicotine substances, or other materials to users that may be inhaling from the product such as any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such; and (2) Any liqid solution that is intended to be used with the product described in subparagraph 1….”
Ky. Reg. Stat. Ann. § 138.130 (10) (2020)

 

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

Closed vapor cartridge taxed at $1.50 per cartridge.
Ky. Reg. Stat. Ann. § 138.140(2)(a)(4) (2020)

Open vaping systems taxed at 15% of the actual price distributor sells the system.
Ky. Reg. Stat. Ann. § 138.140(2)(a)(5) (2020)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of vapor products, including free samples, to persons under age 21 prohibited.
Ky. Rev. Stat. Ann. §§ 438.310(1); 438.313(1); 438.315(1) (2020)

Purchase of vapor products by persons under age 21 prohibited.
Ky. Rev. Stat. Ann. §§ 438.311(1);  438.315(2) (2020)

Possession/use of vapor products by person under age 21 prohibited.
Ky. Rev. Stat. Ann. § 438.350(1) (2020)

Vending machines must be inaccessible to minors or in line of sight of cashier.
Ky. Rev. Stat. Ann. § 438.315(3) (2020)

 

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

Yes.
Ky. Reg. Stat. Ann. § 138.195(1)(b) (2020)

 

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

Use of electronic cigarettes and vaping devices prohibited on any and all properties owned or operated by the Executive branch, including buildings, land and vehicles owned, leased or contracted for state use. Includes certain health care facilities, veterans’ facilities, state parks, fairgrounds and highway rest areas.
Ky. Exec. Ord. 2014-747

Use of electronic cigarettes prohibited in courtrooms and hallways of Hardin District Court.
Ky. R. Hardin District Court, Rule 15.01 (2020)

Local boards of education directed to implement policies prohibiting use of vapor products prohibited in or on school owned or leased property and at school events by July 1, 2020.
Ky. Rev. Stat. Ann. § 438.345 (2020)

Electronic cigarettes prohibited from underground mines.
Ky. Rev. Stat. Ann. § 352.170(3) (2020)

Child care professionals prohibited from  vaping in presence of a child.
922 Ky. Admin. Regs. 2:180:5(7)(b); 2:120:3(10) (and must be done outside); 2:100:10(10)(b) (2020)

Use of electronic cigarettes is prohibited at body piercing and tattooing workstations.
902 Ky. Admin. Regs. 45:070:10(2)(a); 45:065:10(2)(a) (2020)

 

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

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