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?

Alternative nicotine product means “any vaping product, whether or not it includes nicotine,  including electronic smoking devices, that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means.”
S.C. Code Ann. § 16-17-501(6) (2022)

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(7) (2022)

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(8) (2022)

Vapor product means “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.”
S.C. Code Ann. § 16-17-501(9) (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?

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(2) (2022)


What restrictions are in place for retail or youth access?

Sale/distribution of alternative nicotine products to persons under age 18 prohibited.
S.C. Code Ann. §§ 16-17-500(A); 16-17-502(A) (2022)

Purchase/possession of alternative nicotine products by persons under age 18 prohibited.
S.C. Code Ann. § 16-17-500(F)(1) (2022)

Vending machine sales of alternative nicotine products restricted to locations inaccessible to persons under age 18 or locked and under control of owner.
S.C. Code Ann. § 16-17-500(D) (2022)

Internet or remote sales of alternative nicotine products require third party age verification.
S.C. Code Ann. § 16-17-500(C) (2022)

Specialty alternative nicotine shops must prohibit entry to persons under age 18 years.
S.C. Code Ann. § 16-17-500(J)(1) (2022)


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



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) (2022)

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 (2022)

Vaping prohibited child residential care facility vehicles.
S.C. Code Ann. Regs. 114-593 (X)(7) (2022)


South Carolina e-cigarette regulations as of December 15, 2022.

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