E-Cigarette Regulations - Nebraska

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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?

Sales restrictions

Electronic nicotine delivery system means “any product or device containing nicotine, tobacco, or tobacco derivatives that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to simulate smoking by delivering the nicotine, tobacco, or tobacco derivatives in vapor, fog, mist, gas, or aerosol form to a person inhaling from the product or device [including] any substance containing nicotine, tobacco, or tobacco derivatives, whether sold separately or sold in combination with [an aforementioned product, and products] parketed, manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or similar products…and any component, part or accessory [of such a product].”
Neb. Rev. Stat. § 28-1418.01(3) (2020)

Use restrictions

Electronic smoking device means an electronic nicotine delivery system..[including devices] manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. The term also includes any substance that is used in an electronic smoking device.”
Neb. Rev. Stat. § 71-5718 (2020)

 

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?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic nicotine delivery systems to persons under age 21 prohibited.
Neb. Rev. Stat. §§ 28-1419(1); 28-1425 (2020) (increased MLSA effective October 1, 2020)

Use of electronic nicotine delivery systems by persons under age 21 prohibited.
Neb. Rev. Stat. § 28-1418 (2020) (increased MLSA effective October 1, 2020)

Vending machine sales of vapor products are restricted to locations inaccessible to the general public or in locations where liquor is sold.
Neb. Rev. Stat. § 28-1429.02 (2020)

Self-service displays restricted to tobacco specialty stores and cigar bars.
Neb. Rev Stat. § 28-1429.03 (2020)

 

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

Yes.
Neb. Rev. Stat. § 28-1420 (2020)

 

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

Use of electronic smoking devices included in the definition of “smoking” (Neb. Rev. Stat. § 71-5727 (2020)) and prohibited in places of employment and public places (Neb. Rev. Stat. § 71-5729 (2020)), with some exceptions (Neb. Rev. Stat. §§ 71-5730; 71-5735 (2020)).

 

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

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