Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Yes.
Or. Rev. Stat. § 323.500(15) (2023)
How does the state define an e-cigarette?
Youth Access and Use
Inhalant means “nicotine, a cannabinoid or any other substance that (a) [i]s in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system; (b) [i]s inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system....”
Or. Rev. Stat. § 433.835(3) (2023)
Inhalant delivery system means “(i) [a] device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) [a] component of a device [described above] or a substance in any form sold for the purpose of being vaporized or aerosolized by a device [described above], whether the component or substance is sold separately or is not sold separately . . . [and does not include] tobacco products.”
Or. Rev. Stat. § 431A.175(1)(a) (2023)
Tax
Inhalant delivery system means “(A) [a] device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or (B) [a] component of a device [described above] or a substance in any form sold for the purpose of being vaporized or aerosolized by a device [described above], whether the component or substance is sold separately or is not sold separately [and] does not include [i]f sold separately, batter chargers, straps or lanyards . . . .”
Or. Rev. Stat. §§ 323.500(8), 180.405(5) (2023)
Tobacco products means “cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, moist snuff, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds of and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, and inhalant delivery systems, but does not include cigarettes . . . .”
Or. Rev. Stat. § 323-500(15) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Inhalant delivery systems taxed at rate of 65% of wholesale price.
Or. Rev. Stat. § 323.505 (2)(c) (2023)
What regulations are in place for e-cigarette packaging?
Inhalant delivery systems (including all component parts such as inhalants) must be labeled pursuant to state rules and sold in child-resistant packaging which is not attractive to persons under age 18.
Or. Rev. Stat. §§ 431A.175(2)(d)—(f) (2023)
What restrictions are in place for retail or youth access?
Sale of inhalant delivery system to person under age 21 years of age prohibited.
Or. Rev. Stat. § 167.755(1) (2023)
Self-service displays of inhalant delivery systems prohibited except in locations inaccessible to persons under 21 years of age.
Or. Rev. Stat. § 167.765 (2023)
Purchase of inhalant delivery system by person under age 21 prohibited.
Or. Rev. Stat. § 167.760(1) (2023)
Vending sales of inhalant delivery systems restricted to locations inaccessible to persons under age 21 years of age.
Or. Rev. Stat. § 167.780(2) (2023)
Public/private schools, college, community college, university career school, technical education school, youth correction and juvenile detention facilities must prohibit possession of inhalant delivery systems by persons under age 21 present at facility or at facility-sponsored event.
Or. Rev. Stat. § 339.883 (2023)
Sale of nicotine inhalant delivery devices and liquid nicotine containers prohibited by medical marijuana dispensaries.
Or. Admin. R. 333-008-1200(11) (2023)
Remote sales and shipment of inhalant delivery systems restricted to distributors and retailers.
Or. Rev. Stat. § 180.441 (2023)
Delivery sales of inhalant delivery systems require the seller to obtain a distributor’s license (and potentially a retail license), a certification from the consumer that they are at least age 21 years, verify the consumer’s age through a third-party verification system. The delivery must contain a prominent statement that sales to persons under age 21 years are illegal and that proof of age is required.
Or. Rev. Stat. § 323.706 (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Or. Rev. Stat. § 431A.194 (2023)
What smoke-free restrictions exist for e-cigarette use?
Aerosolizing or vaporizing inhalants in public places, places of employment, jury rooms, at least 75% of hotel rooms, child care facilities and vehicles (while children are passengers), and within 10 feet of entrances, exits, windows or ventilation intakes of enclosed areas prohibited (with some exceptions).
Or. Rev. Stat. §§ 433.845, 433.850 (2023); Or. Admin. R. 414-180-0015(26) (2023)
Hospitals may not permit use of inhalant delivery systems in hospital or within 10 feet of a doorway, window or ventilation intake thereof.
Or. Rev. Stat. § 441.815(2) (2023)
Use of inhalant delivery system in car while person under age 18 is present prohibited.
Or. Rev. Stat. § 811.193 (2023)
Use of inhalant delivery systems in state vehicles prohibited.
Or. Admin. R. 125-155-0510(1)(d) (2023)
Oregon e-cigarette regulations as of September 15, 2023.