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

Yes.
S.C. Code Ann. § 16-17-501(8)(b) (2023)

 

How does the state define an e-cigarette?

Electronic smoking device means “any device that may be used to deliver any aerosolized or vaporized substance, including e-liquid, to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, vapor product, or e-hookah [including] any component, part or accessory of the device, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance includes nicotine.”
S.C. Code Ann. § 16-17-501(3) (2023)

E-liquid means “a substance that: (a) may or may not contain nicotine; (b) is intended to be vaporized and inhaled using a vapor product; and (c) is a legal substance under the laws of this State and the laws of the United States…”
S.C. Code Ann. § 16-17-501(4) (2023)

Tobacco product means “…any electronic smoking devices as defined in this section and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or…any component, part, or accessory [the above], whether or not any of these contains tobacco or nicotine…”
S.C. Code Ann. § 16-17-501 (2023)

 

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?

E-liquid containers (except those that are sealed and not intended to be opened by consumers) must be child-resistant and be labeled appropriately with warnings as prescribed by federal regulation.
S.C. Code Ann. § 16-17-506(B)(2) (2023)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic smoking devices to persons under age 18 prohibited.
S.C. Code Ann. §§ 16-17-500(A); 16-17-502(A) (2023)

Vending machine sales of electronic smoking devices prohibited.
S.C. Code Ann. § 16-17-500(D) (2023)

Internet or remote sales of electronic smoking devices require third party age verification.
S.C. Code Ann. § 16-17-500(C) (2023)

Specialty electronic smoking device (tobacco) shops must prohibit entry to persons under age 18 years.
S.C. Code Ann. § 16-17-500(J)(1) (2023)

 

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 ambulances and "any other apparatus in which oxygen is carried."
S.C. Code Ann. Regs. 61-7 § 400(B) (2023)

All school district must adopt, implement and enforce a written policy prohibiting the use of alternative nicotine products in and on school property, and at school-sponsored events.
S.C. Code Ann. § 59-1-380 (2023)

Vaping prohibited child residential care facility vehicles.
S.C. Code Ann. Regs. 114-593 (X)(7) (2023)

 

South Carolina e-cigarette regulations as of December 15, 2023.

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