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"?

Yes.
N.H. Rev. Stat. Ann. § 78:1(XIII) (2021)

 

How does the state define an e-cigarette?

Sales and use

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); 175:1(XXXI-a) (2021)

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); 175:1(XXXI-a) (2021)

Device means “any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis…[including but not limited to], hookah, e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.”
N.H. Rev. Stat. Ann. §§ 126-K:2(II-a); (2021)

Tax

Electronic cigarette means “a noncombustible device regardless of shape or size that can be used to deliver aerosolized or vaporized nicotine to a person inhaling from the device, including but not limited to a device manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or any other similar product or device under any other product name or descriptor…[including] any liquid or other substance containing nicotine that is intended to be used with or in such a device, including in a closed cartridge or container that is not intended to be opened.”
N.H. Rev. Stat. Ann. § 78:1 (III-a) (2021)

Tobacco products means “any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, electronic cigarettes, loose tobacco, smokeless tobacco, and cigars.”
N.H. Rev. Stat. Ann. § 78:1(XIII) (2021)

 

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

Closed cartridges or containers of nicotine-containing substances not intended to be opened taxed at rate of $0.30/ml and containers intended to be opened taxed at rate of 8% of wholesale price.
N.H. Rev. Stat. Ann. 78:2(II)(b) (2021)

 

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. Ann. Liq. 1003.01 (2021)

 

What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes and e-liquid to persons under age 21 prohibited.
N.H. Rev. Stat. Ann. §§ 126-K:4(I); 126-K:8(I) (2021)

Distribution of free e-cigarettes or e-liquid  restricted to locations inaccessible to persons under age 21 or licensed retail tobacco store.
N.H. Rev. Stat. Ann. § 126-K:5(I); 126-K:2(V) (definition of “minor”) (2021)

Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 21 prohibited.
N.H. Rev. Stat. Ann. § 126-K:6(I) (2021)

 

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

Yes.
N.H. Rev. Stat. Ann. §§ 178:1(VI) (retail); 78:6 (manufacture and wholesale) (2021)

 

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

Use of e-cigarettes prohibited in all areas smoking is prohibited (N.H. Rev. Stat. Ann. § 155:65(XV) (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 (2021)

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) (2021)

 

New Hampshire e-cigarette regulations as of June 15, 2021.

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