E-Cigarette Regulations - Missouri

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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?

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 from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product."
Mo. Rev. Stat. § 407.925.12 (2021)

Nicotine liquid container means “a bottle or other container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Mo. Rev. Stat. § 407.926.4(2) (2021)


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



What regulations are in place for e-cigarette packaging?

Nicotine liquid containers must be child-resistant (except prefilled containers not intended to be opened by consumer).
Mo. Rev. Stat. § 407.926.4(1), (2) (2021)


What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 18 prohibited.
Mo. Rev. Stat. §§ 407.926.1; 407.931.1; 407.931.3 (2021)

Vending machine sales restricted to places inaccessible to persons under age 18 or through machines equipped with lock-out device and under direct unobstructed supervision of an adult.
Mo. Rev. Stat. § 407.931.2 (2021)

Purchase/possession of vapor products by persons less than age 18 prohibited.
Mo. Rev. Stat. § 407.933.1 (2020)


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

Mo. Rev. Stat. § 407.934.1 (2021)


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

Vaping restricted to specifically designated areas of public buildings and grounds occupied by state agencies.
Mo. Code Regs. Ann. tit. 1, § 35-1.050(2)(A)(11) (2021)

Use of vapor products in public school buildings or busses prohibited (exceptions allowed).
Mo. Rev. Stat. § 191.775 (2021)

E-cigarette use in foster homes, vehicles transporting foster children and in the presence of foster children prohibited.
Mo. Code Regs. tit. 13, § 35-60.040(1)(O) (2021)


Missouri e-cigarette regulations as of June 15, 2021.

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