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 (2020);
18 PA Cons. Stat. §§ 6305(k) and 6306.1(d) (2020)

 

How does the state define an e-cigarette?

Tax and Packaging

Electronic Cigarette means “(1) an 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 (2020)

Sales

Electronic cigarette means “an electronic device that delivers nicotine or other substances through vaporization and inhalation.”
18 PA. Cons. Stat. §§ 6305(k) and 6306.1(d) (2020)

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 ciarette.”
18 PA Cons. Stat. §§ 6305(k) and 6306.1(d) (2020)

 

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) (2020)

 

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. § 8233-A (2020)

 

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) (2020)

Self service displays of electronic cigarettes restricted to specialty tobacco stores.
18 Pa. Cons. Stat. § 6305(a)(6) (2020)

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) (2020)

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) (2020)

 

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

Yes.
72 Pa. Cons. Stat. § 8220-A(a) (2020)

 

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 (2020)

 

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

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