E-Cigarette Regulations - Rhode Island

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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?

Electronic nicotine-delivery system means “an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of such device.”
11 R.I. Gen. Laws Ann. § 11-9-13.4(15) (2020);
23 R.I. Gen. Laws Ann. § 23-20.10-2(4) (2020)

Liquid nicotine container means “a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product” excluding such containers that are “prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
11 R.I. Gen. Laws. Ann. § 11-9-13.20(c) (2020)

 

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?

Electronic nicotine delivery system must be sold in “original, factory-wrapped package.”
11 R.I. Gen. Laws Ann. § 11-9-13.8(2) (2020)

Electronic nicotine delivery system liquids must be sold in child-resistant packaging.
11 R.I. Gen. Laws. Ann. § 11-9-13.20(a),(b) (2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic nicotine delivery system to persons under age 18 prohibited.
11 R.I. Gen. Laws Ann. §§ 11-9-13; 11-9-13.10; 11-9-13.8(1) (2020)

Public use/possession of electronic nicotine-delivery systems by persons under age 18 prohibited.
11 R.I. Gen. Laws Ann. § 11-9-14 (2020)

Purchase of electronic nicotine-delivery systems by persons under age 18 prohibited.
11 R.I. Gen. Laws Ann. § 11-9-13 (2020)

Vending machine sales of electronic nicotine delivery systems restricted to locked machines in locations continually supervised and in direct line of sight of authorized person on a business premises or in locations inaccessible to persons under age 21.
11 R.I. Gen. Laws Ann. § 11-9-13.1(a) (2020)

Distribution of free electronic nicotine-delivery systems or coupons for free products within 500 feet of any school prohibited.
11 R.I. Gen. Laws Ann. § 11-9-13.10 (2020)

Sale of flavored electronic nicotine delivery systems prohibited.
216-50 R.I. Code R. § 15-6.10(A) (2020)

 

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

Yes.
23 R.I. Gen. Laws Ann. § 23-1-56(a) (2020)

 

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

Use of electronic nicotine delivery systems included in definition of “smoking” and prohibited in same places smoking is prohibited (23 R.I. Gen. Laws Ann. §§ 23-20.10-2(19) (2020) (definition of smoking)), including public places, health care facilities, child and adult day care facilities, common areas of multi-unit housing (more than 4 units), public transportation, schools and indoor and outdoor sports arenas (23 R.I. Gen. Laws Ann. § 23-20.10-3 (2020)); workplaces (23 R.I. Gen. Laws Ann. § 23-20.10-4 (2020)), with some exceptions (23 R.I. Gen. Laws Ann. §§ 23-20.10-6; 23-20.10-6.1 (2020)).

Possession and use of e-cigarettes, including by visitors, prohibited in all Rhode Island Department of Corrections facilities, vehicles and property.
240-20 R.I. CODE R. §§ 1.6(D), 1.16(D) (2020) (referencing R.I. Dep’t of Corrections Policy No. 8.08-2 DOC, Smoking and Tobacco Regulations (April 28, 2014)

 

Rhode Island e-cigarette regulations as of September 15, 2020.

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