E-Cigarette Regulations - Nevada

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
Nev. Rev. Stat. Ann. § 370.0318 (2019) (effective January 1, 2020)

 

How does the state define an e-cigarette?

Vapor product means “any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form, the use or inhalation of which simulates smoking [including] an electronic cigarette, cigar, cigarillo pipe hookah, or vape pen . . . and the components of such a product or device, whether or not sold separately, including, without limitation, vapor cartridges or other container of nicotine or any other substance in a solution or other form [meant for use with an aforementioned device].”
Nev. Rev. Stat. Ann  §§ 202.2485.5; 370.054 (2019)

Use restrictions

Electronic smoking device means “any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product [including] any component part of [such a product], regardless of whether the component part is sold separately.”
Nev. Rev. Stat. Ann. § 202.2483.12(n) (2019) (effective January 1, 2020)

 

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

Vapor products taxed at rate of 30% of wholesale price.
Nev. Rev. Stat. Ann. § 370.450(1) (2019) (effective January 1, 2020)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution vapor products to persons under age 18 prohibited.
Nev. Rev. Stat. Ann. § 370.1 (2019)

Sale of vapor products through computer network, telephonic network or other electronic network must be packed and clearly marked “tobacco products” and only after age verification through third party service determines person is over age 18 years.
Nev. Rev. Stat. Ann. § 202.24935 (2019) (effective January 1, 2020)

 

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

Yes.
2019 Nev. Laws Ch. 118, § 19(1) (effective January 1, 2020)

 

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

Use of electronic smoking device included in definition of “smoking” (Nev. Rev. Stat. Ann. § 202.2483.12(n) (2019)) and prohibited in places of employment and places open to the public (Nev. Rev. Stat. Ann. § 202.2483.1-2 (2019)), with some exceptions, including areas of casinos where minors prohibited, and age-restricted businesses, among some other private places (Nev. Rev. Stat. Ann. § 202.2483.3 (2019)). (effective January 1, 2020)

Use of vapor products prohibited within any procedure area of an invasive body decoration establishment.
Nev. Admin. Code § 444.00849(1) (2019)

 

Nevada e-cigarette regulation as of September 15, 2019.

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