E-Cigarette Regulations - New Hampshire

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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?

E-cigarette means “any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid  [including] e-cigarettes, e-cigars, or e-pipes . . . .”
N.H. Rev. Stat. Ann. § 126-K:2(II-b) (2019) 

E-liquid means “any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.”
N.H. Rev. Stat. Ann. § 126-K:2(II-c) (2019)


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



What regulations are in place for e-cigarette packaging?

E-cigarettes and liquid nicotine must be sold in original packaging.
N.H. Code Admin. R. Liq. 1003.01 (2019)


What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes and e-liquid to persons under age 18 prohibited.
N.H. Rev. Stat. Ann. §§ 126-K:4(I)126-K:8(I) (2019)

Distribution of free e-cigarettes or e-liquid restricted to locations inaccessible to persons under age 18 or licensed retail tobacco store.
N.H. Rev. Stat. Ann. § 126-K:5(I) (2019)

Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 18 prohibited.
N.H. Rev. Stat. Ann. § 126-K:6(I) (2019)


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



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

Use of e-cigarettes prohibited in all areas smoking is prohibited (N.H. Dep’t Health & Human Servs., Electronic Cigarettes; N.H. Rev. Stat. Ann. § 155:65(XV) (2019) (definition of “smoking”)); including hospitals, public transportation, restaurants and day care agencies during hours of operation, as well as any other enclosed place of public access when smoking cannot be “effectively segregated.”
N.H. Rev. Stat. Ann. § 155:66 (2019)

Use of e-cigarette and e-liquid in or on the grounds of a “public educational facility” prohibited.
N.H. Rev. Stat. Ann. § 126-K:7(I) (2019)


New Hampshire e-cigarette regulation as of September 15, 2019.

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