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?
Use Restrictions
E-cigarette means “any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking [including a product marketed as an] e-cigarette, e-cigar, and e-pipe or under any other product, name, or descriptor.”
N.D. Cent. Code § 23-12-09(3) (2023)
Sales Restrictions
Electronic smoking device means “any electronic product that delivers nicotine or other substances to the individual inhaling from the device, including, an electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of such a product, whether or not sold separately.”
N.D. Cent. Code § 12.1-31-03(10)(b) (2023)
Nicotine liquid container means “a bottle or other container of a liquid or other substance containing nicotine in which the liquid or substance is sold, marketed, or intended for use in an electronic smoking device [except a container that] is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
N.D. Cent. Code § 12.1-31-03.2(2) (2023)
Electronic smoking device means “a device that may be used to deliver an aerosolized, vaporized, or heated substance containing nicotine, regardless of whether the nicotine is natural or synthetic, to an individual inhaling from the device, and includes an electronic cigarette, e-cigar, e-pipe, vape pen, and e-hookah. The term includes any substance containing nicotine, regardless of whether the nicotine is natural or synthetic, that may be aerosolized, vaporized, or heated by the device, regardless of whether the device is sold separately.”
N.D. Cent. Code § 57-36-01(8) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
N/A
What regulations are in place for e-cigarette packaging?
Nicotine liquid containers must be child-resistant.
N.D. Cent. Code § 12.1-31-03.2(1) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of electronic smoking devices to persons under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03(1)(a) (2023)
Sale/distribution of flavored e-liquid or electronic smoking device containing flavored e-liquid to persons under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03.3(1) (2023)
Self-service displays of electronic smoking devices restricted to tobacco specialty stores and vending machines inaccessible to persons under age 21 or which are controlled by the seller.
N.D. Cent. Code §§ 12.1-31-03(1)(b), 12.1-31-03.1(1), (2) (2023)
Purchase/possession/use of electronic smoking device by person under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03(2) (2023)
Retailers’ sale and shipment of electronic smoking devices through mail prohibited unless retailer verifies the purchaser is at least 21 years of age and requires signature upon delivery of a person at least 21 years of age.
N.D. Cent. Code § 51-32-01(2) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
N.D. Cent. Code § 57-36-02(1) (2023) (distributors and retailers)
What smoke-free restrictions exist for e-cigarette use?
Use of e-cigarettes included in definition of smoking and therefore prohibited in public places, places of employment and within 20 feet of entrances, exits, windows, air intakes and ventilation systems thereof (with some exceptions).
N.D. Cent. Code §§ 23-12-09(15) (definition of smoking), 23-12-10 (2023)
Vaping in a family foster home when the foster child is present.
N.D Admin. Code 75-03-14-04(3) (2023)
North Dakota e-cigarette regulations as of September 15, 2023.