E-Cigarette Regulations - Pennsylvania

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

Yes.
72 Pa. Cons. Stat. § 8201-A (2021); 18 PA Cons. Stat. §§ 6305(k); 6306.1(d) (2021)

 

How does the state define an e-cigarette?

Tax and Packaging

Electronic cigarette means “(1) [a]n electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking. (2) The term includes: (i) [a] device as described in paragraph (1), notwithstanding whether the device is manufactured, distributed marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description[,] (ii) [a] liquid or substance placed in or sold for use in an electronic cigarette.”
72 Pa. Cons. Stat. § 8201-A (2021)

Tobacco products means “(1) Electronic cigarettes. (2) Roll-your-own tobacco. (3) Periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, dry snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or ingesting or for smoking in a pipe or otherwise, or any combination of chewing, ingesting or smoking [and does not include] cigars.”
72 Pa. Cons. Stat. § 8201-A (2021)

Sales

Electronic cigarette means “[a]n electronic device that delivers nicotine or other substances through vaporization and inhalation.”
18 Pa. Cons. Stat. §§ 6305(k); 6306.1(d) (2021)

Electronic nicotine delivery system or ENDS means “[a] product or device used, intended for use or designed for the purpose of ingesting a nicotine product [including] electronic cigarette.”
18 Pa. Cons. Stat. §§ 6305(k); 6306.1(d) (2021)

Tobacco product means “(i) [a]ny product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, a cigarette, a cigar, a little cigar, chewing tobacco, pipe tobacco, snuff and snus. (ii) Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe and a hookah. (iii) Any product containing, made or derived from either: (A) [t]obacco, whether in its natural or synthetic form; or (B) [n]icotine, whether in its natural or synthetic form, which is regulated by the United States Food and Drug Administration as a deemed tobacco product. (iv) Any component, part or accessory of the product or electronic device under subparagraphs (i), (ii) and (iii), whether or not sold separately.”
18 Pa. Cons. Stat. §§ 6305(k); 6306.1(d) (2021)

 

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

Electronic cigarettes taxed at rate of 40% of purchase price charged to the retailer.
72 Pa. Cons. Stat. § 8202-A(a.1) (2021)

 

What regulations are in place for e-cigarette packaging?

Tobacco products (incl. electronic cigarettes) must be sold in original manufacturer packaging without modification or alteration.
72 Pa. Cons. Stat. § 1233-A (2021)

 

What restrictions are in place for retail or youth access?

Sale of electronic cigarettes to persons under age 21 (or under age 18 if military member or veteran) prohibited.
18 Pa. Cons. Stat. § 6305(a) (2021)

Self service displays of electronic cigarettes restricted to specialty tobacco stores.
18 Pa. Cons. Stat. § 6305(a)(6) (2021)

Vending machine sales of electronic cigarettes prohibited in locations accessible to persons under age 21 (or under age 18 if military member or veteran).
18 Pa. Cons. Stat. § 6305(a)(4) (2021)

Persons under age 21 (or under age 18 if military member or veteran) prohibited from purchasing electronic cigarettes.
18 Pa. Cons. Stat. § 6305(a.1)(1) (2021)

 

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

Yes.
72 Pa. Cons. Stat. § 8220-A(a) (2021)

 

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

Electronic cigarettes prohibited in schools, on school vehicles and on school property owned or leased or under the control of a school district.
18 Pa. Cons. Stat. § 6306.1 (2021)

 

Pennsylvania e-cigarette regulations as of June 15, 2021.

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