E-Cigarette Regulations - Minnesota

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

Yes
Minn. Stat. § 297F.01(19) (2019)

 

How does the state define an e-cigarette?

Electronic delivery device means “any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.”
Minn. Stat. Ann. § 609.685(1)(c) (2019)

Nicotine solution products means “any cartridge, bottle, or other package that contains nicotine made or derived from tobacco, that is in a solution that is consumed, or meant to be consumed, through the use of a heating element, power source, electronic circuit, or other  electronic, chemical or mechanical means that produces vapor or aerosol…[including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any batteries, heating elements, or other components, parts, or accessories sold with and meant to be used in the consumption of a solution containing nicotine.”
Minn. Stat. § 297F.01(22b)(a), (c) (2019) (definition good until December 31, 2019)

Nicotine solution products means “any cartridge, bottle or other package that contains nicotine, including nicotine made or derived from tobacco, or sources other than tobacco, that is in a solution that is consumed, or meant to be consumed, through the use of a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means that produces vapor or aerosol…[including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any batteries, heating elements, or other components, parts, or accessories sold with and meant to be used in the consumption of a solution containing nicotine.”
Minn. Stat. § 297F.01(22b)(b)-(c) (2019) (effective January 1, 2020)

 

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

Tax of 95% of wholesale price imposed on tobacco products, including e-cigarettes.
Minn. Stat. Ann. § 297F.05(3) (2019)Minn. Dep’t of Revenue Notice #12-10 (2012)

 

What regulations are in place for e-cigarette packaging?

Liquids intended for human consumption and use in an electronic delivery device (whether they contain nicotine or not) must be sold in child resistant packaging.
Minn. Stat. Ann. § 461.20(b) (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic delivery devices prohibited to persons under age 18.
Minn. Stat. §§ 609.685(1)(a), (2)(a) (2019)

Purchase/possession/use of electronic delivery device by person under age 18 prohibited.
Minn. Stat. §§ 609.685(2)(b), (3) (2019)

Sale of electronic delivery devices from a moveable place of business (kiosk) prohibited.
Minn. Stat. § 461.21 (2019)

Self-service displays of electronic delivery devices restricted to adult-only, tobacco-only businesses; vending machines restricted to locations inaccessible to persons under age 18.
Minn. Stat. § 461.18 (2019)

 

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

Yes. A town board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices.
Minn. Stat. § 461.12(1) (2019)

 

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

Use of electronic delivery devices included in the definition of “smoking” (Minn. Stat. § 144.413(4) (2019)) and prohibited in all public places, including places of employment and public transportation, day care and health facilities, government owned or operated buildings, facilities owned by Minnesota State Colleges and Universities, the University of Minnesota, facilities licensed by the commissioner of human services and those licensed by the commissioner of health (with some exceptions) (Minn. Stat. § 144.414 (2019)); and public and charter schools and any facility or vehicle owned, rented or leased by a school district (Minn. Stat. § 144.4165 (2019))

 

Minnesota e-cigarette regulation as of September 15, 2019.

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