E-Cigarette Regulations - Ohio

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

Yes.
Ohio Rev. Code Ann. § 2927.02(A)(7) (2020)

 

How does the state define an e-cigarette?

Sales restrictions

Alternative nicotine product “means . . . an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.”
Ohio Rev. Code Ann. § 2927.02(A)(2) (2020)

Electronic smoking device  “means . . . any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe”. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device.”
Ohio Rev. Code Ann. § 2927.02(A)(5) (2020)

Vapor product means “a product, other than a cigarette or other tobacco product…that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing…[including] any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product.”
Ohio Rev. Code Ann. § 2927.02(A)(8) (2020)

Tax

Electronic smoking product means “any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product…[including]… an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device…”
Ohio Rev. Code Ann. § 5743.01(U) (2020)

Vapor product means “any liquid solution or other substance that (1) contains nicotine and (2) is depleted as it is used in an electronic smoking product.”
Ohio Rev. Code Ann. § 2927.02(T) (2020)

Vapor volume means “one of the following, as applicable: (1) if a vapor product is sold in liquid form, one-tenth of one milliliter of vapor product; (2) if the vapor product is sold in nonliquid form, one-tenth of one gram of vapor product.
Ohio Rev. Code Ann. § 5743.01(W) (2020)

 

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

Vapor products taxed at rate of $0.01 per vapor volume.
Ohio Rev. Code Ann. § 5743.51(A)(4) (2020);
Ohio Rev. Code Ann. § 5743.62(A)(4) (2020);
Ohio Rev. Code Ann. § 5743.63 (2020)

 

What regulations are in place for e-cigarette packaging?

Alternative nicotine products must be sold in the same minimum quantities as manufacturer’s container.
Ohio Rev. Code Ann. § 2927.02(B)(5) (2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of alternative nicotine products to persons under age 21 prohibited.
Ohio Rev. Code Ann. § 2927.02(B)(1) (2020) 

Vending machine sales of alternative nicotine products restricted to locations inaccessible to persons under age 21 or under control of owner.
Ohio Rev. Code Ann. § 2927.02(C) (2020)

Purchase/possession/use of alternative nicotine products not allowed for persons under age 21 unless a parent accompanies them.
Ohio Rev. Code Ann. § 2151.87(B) (2020)

Only licensed secondary manufacturers can reconstitute, dilute or reprocess vapor products for resale to consumers.
Ohio Rev. Code Ann. § 5743.20 (2020)

 

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

Yes.
Ohio Rev. Code Ann. § 5743.61(A) (2020)

 

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

Use of electronic nicotine delivery systems, which includes e-cigarettes, prohibited in the capitol buildings.
Ohio Admin. Code 128-4-02(G)(8) (2020)

Use of electronic cigarettes prohibited in body art establishment rooms used for body art or sterilization procedures.
Ohio Admin. Code 3701-9-04(K) (2020)

Use of electronic cigarettes/electronic nicotine delivery systems prohibited on various college and university campuses by regulation (e.g., University of Cincinnati, Ohio Admin. Code 3361:10-17-06(B)(1) (2020); Cuyahoga Community College, Ohio Admin. Code 3354:1-20-05(C)(1),(2),(3)(f) (2020); Wright State University, Ohio Admin. Code 3352-7-05(B),(C)(1) (2020); Kent University, Ohio Admin. Code 3342-5-21(A),(B) (2020); University of Akron, Ohio Admin. Code 3359-20-05.10(A)(2), (B)(1) (2020)

Vaping/use of electronic cigarettes prohibited in Franklin County Court of Common Pleas.
Ohio Franklin Prob Rule 54.3 (2020)

Assisted living providers prohibited from using electronic cigarettes while providing care.
Ohio Admin. Code 173-39-02(B)(8)(f)(iv) (2020)

 

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

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