E-Cigarette Regulations - Virginia

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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?

Nicotine vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.”
Va. Code Ann. §§ 18.2-371.2(H); 58.1-1021.01 (2019)

Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product.”
Va. Code Ann. §§ 58.1-1021.01; 59.1-293.10 (2019)

Liquid nicotine container means “a bottle or other container holding liquid nicotine in any concentration [except containers] prefilled and sealed by the manufacturer . . . and . . . not intended to be opened by the consumer.”
Va. Code Ann. § 59.1-293.10 (2019)

 

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?

Liquid nicotine must be sold in a child-resistant container (except sealed, prefilled cartridges not intended to be opened by consumer).
Va. Code Ann. § 59.1-293.11(A) (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of nicotine vapor products to persons under age 21 prohibited (unless person is active duty military 18 yrs of age or older).
Va. Code Ann. §§ 18.2-371.2(A), (B), (D) (2019)

Purchase/possession of nicotine vapor product by person under age 21 prohibited (unless person is active duty military 18 yrs of age or older).
Va. Code Ann. §§ 18.2-371.2(B), (D) (2019)

Mail order and internet sales of nicotine vapor products require verification that purchaser is over age 21 at time of purchase and signature of recipient over age 21 at time of delivery (unless purchaser is active duty military 18 yrs of age or older).
Va. Code Ann. §§ 18.2-371.2(C), (D) (2019)

Vending machine sales of nicotine vapor products restricted to places not generally accessible to persons under age 21 years.
Va. Code Ann. §18.2-371.2(A) (2019)

 

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

No

 

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

School boards directed to develop and implement policy to prohibit use and distribution of nicotine vapor products on school bus, school property and at school-sponsored activities.
Va. Code Ann. §§ 22.1-79.5; 22.1-279.6(H) (2019)

 

Virginia e-cigarette regulation as of September 15, 2019.

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