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"?

No

 

How does the state define an e-cigarette?

Alternative nicotine product “means . . . an electronic cigarette 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) (2019)

Electronic cigarette “means . . . any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.”
Ohio Rev. Code Ann. § 2927.02(A)(6) (2019)

 

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?

Alternative nicotine products must be sold in the same minimum quantities as manufacturer’s container.
Ohio Rev. Code Ann. § 2927.02(B)(5) (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of alternative nicotine products to persons under age 18 prohibited.
Ohio Rev. Code Ann. § 2927.02(B)(1) (2019) 

Vending machine sales restricted to locations inaccessible to persons under age 18 or under control of owner.
Ohio Rev. Code Ann. § 2927.02(C) (2019)

Purchase/possession/use of alternative nicotine products not allowed for persons under age 18 unless a parent accompanies them.
Ohio Rev. Code Ann. § 2151.87(B) (2019)

 

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

No

 

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) (2019)

Use of electronic cigarettes prohibited in body art establishment rooms used for body art or sterilization procedures.
Ohio Admin. Code 3701-9-04(K) (2019)

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) (2019); Cuyahoga Community College, Ohio Admin. Code 3354:1-20-05(C)(1),(2),(3)(f) (2019); Wright State University, Ohio Admin. Code 3352-7-05(B),(C)(1) (2019); Kent University, Ohio Admin. Code 3342-5-21(A),(B) (2019); University of Akron, Ohio Admin. Code 3359-20-05.10(A)(2), (B)(1) (2019)

Vaping/use of electronic cigarettes prohibited in Franklin County Court of Common Pleas.
Ohio Franklin Prob Rule 54.3 (2019)

 

Ohio e-cigarette regulation as of June 15, 2019.

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