Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
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 little cigars, electronic pipe, or electronic hookah, ‘heat not burn products,’ e-liquids, e-liquid products, or any related device and any cartridge or other component of such device.”
11 R.I. Gen. Laws § 11-9-13.4(6) (2022)
Electronic nicotine-delivery system product means “any combination of electronic nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid container . . . .”
11 R.I. Gen. Laws § 11-9-13.4(7) (2022)
E-liquid and e-liquid products means “any liquid or substance placed in or sold for use in an electronic nicotine-delivery system that generally utilizes a heating element that aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine derivative: (i) [w]hether the liquid or substance contains nicotine or a nicotine derivative; or (ii) [w]hether sold separately or sold in combination with a personal vaporizer, electronic nicotine-delivery system, or an electronic inhaler.”
11 R.I. Gen. Laws § 11-9-13.4(8) (2022)
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. § 11-9-13.20(c) (2022)
Tobacco product(s) means “any product(s) containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to . . . electronic nicotine-delivery system products, or any added substance that may be aerosolized, vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether or not that substance contains nicotine.”
11 R.I. Gen. Laws § 11-9-13.4 (16) (2022)
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 that device.”
23 R.I. Gen. Laws § 23-20.10-2(4) (2022)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
What regulations are in place for e-cigarette packaging?
Electronic nicotine delivery system must be sold in “original, factory-wrapped package as sealed and certified by the manufacturer.”
11 R.I. Gen. Laws § 11-9-13.8(2) (2022)
Electronic nicotine delivery system liquids must be sold in child-resistant packaging.
11 R.I. Gen. Laws. § 11-9-13.20(a), (b) (2022)
What restrictions are in place for retail or youth access?
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 § 11-9-13.1(a) (2022)
Distribution and redemption of free electronic nicotine-delivery system products or coupons for free or discounted products to any individual under age 21 or to individuals of any age within 500 feet of any school prohibited.
11 R.I. Gen. Laws § 11-9-13.10 (2022)
Sale of flavored electronic nicotine delivery systems prohibited.
216-50 R.I. Code R. § 15-6.10(A) (2022)
Delivery sales of electronic nicotine delivery system products require (1) valid form of government identification and an attestation from purchaser certifying information on government identification is correct and (2) product to be delivered to address of purchaser on the valid form of government identification and the signature of the purchaser or other person over age 21 at said address.
11 R.I. Gen. Laws § 11-9-13.11(b) (2022)
Is a retail license or permit required to sell e-cigarettes?
Yes (retailers, distributors and manufacturers).
23 R.I. Gen. Laws § 23-1-56(a) (2022)
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 § 23-20.10-2(19) (2022) (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 § 23-20.10-3 (2022)); workplaces (23 R.I. Gen. Laws § 23-20.10-4 (2022)), with some exceptions (23 R.I. Gen. Laws §§ 23-20.10-6; 23-20.10-6.1 (2022))
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)(8) (2022) (referencing R.I. Dep't of Corrections No. 8.08-3 DOC, Smoking and Tobacco Regulations (2022))
Rhode Island e-cigarette regulations as of March 15, 2022.