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?
Electronic delivery device means “any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately . . . .”
Minn. Stat. § 609.685(1)(c) (2021)
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, electronic nicotine delivery system, electronic vaping device, electronic vape pen, electronic oral device, electronic delivery device, 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) (2021) (updated definition effective January 1, 2022)
Tobacco products means “any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco; but does not include cigarettes as defined in this section. Tobacco products includes nicotine solution products.”
Minn. Stat. § 297F.01 (19) (2021)
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. § 297F.05(3) (2021)
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. § 461.20(b) (2021)
What restrictions are in place for retail or youth access?
Sale/distribution of electronic delivery devices prohibited to persons under age 21.
Minn. Stat. § 609.685(1a)(a) (2021)
Sale of electronic delivery devices from a moveable place of business (kiosk) prohibited.
Minn. Stat. § 461.21 (2021)
Self-service displays of electronic delivery devices restricted to adult-only, tobacco-only businesses; vending machines restricted to locations inaccessible to persons under age 21.
Minn. Stat. § 461.18 (2021)
Delivery sales occurring after December 31, 2021 by an out-of-state retailer must file a statement with the Dept. of Revenue.
Minn Stat. § 297F.031 (2021)
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) (2021)
Distributors must also be licensed.
Minn. Stat. § 297F.03(1) (2021)
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) (2021)) 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 (2021)); and public and charter schools and any facility or vehicle owned, rented or leased by a school district (Minn. Stat. § 144.4165 (2021)).
Minnesota e-cigarette regulations as of September 15, 2021.