E-Cigarette Regulations - Puerto Rico

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

No. 

 

How does the territory define an e-cigarette?

Electronic cigarette or e-cigarette means “a product intended to provide the user with a dose of nicotine combined with other substances in the form of a vapor, as defined by the the Department of Health through regulations, in conjunction and with the advice of the Department of Treasury [and shall be interpreted as consistent with federal law and regulations].”
P.R. Laws Ann. tit. 24, § 904(a) (2021); P.R. Laws Ann. tit. 23, § 1040(f) (2021)

Vapor product means “any type of product that contains nicotine and uses a heating element, energy source, electronic circuit, or any electronic, chemical, or mechanical means, regardless of size and shape that can be used to produce nicotine vapor as a solution or in any other form [including any] electronic cigarette, electronic cigar, electronic pipe, or any similar product or device and any vape cartridge or any other container for nicotine as a solution, or in any other form, which is destined to be used with or within [any aforementioned products].”
P.R. Laws Ann. tit. 23, § 1040(h) (2021)

Tax

Electronic cigarette means “any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means that can be used to produce vapor from nicotine in a solution or other form, which because of its appearance, size or its packaging and labeling, is likely to be used, offered to, or purchased by, consumers as an electronic cigarette, vaporizer, or electronic pipe.”
P.R. Laws Ann. tit. 13, § 31635(a)(1) (2021)

Nicotine cartridge means “a vapor cartridge or any other container holding liquid nicotine that is intended to be used with or in an electronic cigarette or vaporizer.”
P.R. Laws Ann. tit. 13, § 31635(a)(2) (2021)

 

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

Electronic cigarettes taxed at $3 per item.
P.R. Laws Ann. tit. 13, § 31635(b)(1) (2021)

Nicotine cartridges taxed at rate of $0.05/ml solution, whether it contains nicotine or not.
P.R. Laws Ann. tit. 13, § 31635(b)(1) (2021)

 

What regulations are in place for e-cigarette packaging?

Nicotine cartridges must display the volume of nicotine solution on packaging in form prescribed by regulation.
P.R. Laws Ann. tit. 13, § 31635(c) (2021)

 

What restrictions are in place for retail or youth access?

Sale of electronic cigarettes to persons under age 21 prohibited.
P.R. Laws Ann. tit. 24, § 904 (2020); P.R. Laws Ann. tit. 13, § 33138(b)(1) (2021); P.R. Laws Ann. tit. 33, § 1022a(4) (2021)

Distribution of free samples of electronic cigarettes prohibited to persons under age 21, in places where persons under age 21 are allowed, and within 500 feet of a public or private school.
P.R. Laws Ann. tit. 23, § 1041(c) (2021)

No advertisements, signs or commercial notices for electronic cigarettes may be placed within 500 feet of a public or private school, or in any cinema, theaters, parks or on television.
P.R. Laws Ann. tit. 23, § 1041(a), (b) (2021)

 

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

No.

 

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

Use of electronic cigarettes prohibited in public places, including public buildings, schools, restaurants, museums, and other locations.
P.R. Laws Ann. tit. 24, §§ 891(a) (definition of “smoking”); 892 (2021)

 

Puerto Rico e-cigarette regulations as of September 15, 2021.

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