Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Yes.
Vt. Stat. Ann. tit. 32, § 7702(15) (2023)
How does the state define an e-cigarette?
Sales and Use Restrictions
Tobacco substitute means “products, including electronic cigarettes or other electronic or battery-powered devices, that contain or are designed to deliver nicotine or other substances into the body through the inhalation of vapor . . . .”
Vt. Stat. Ann. tit. 7, § 1001(8) (2023)
Nicotine liquid container means “a bottle or other container of a nicotine liquid or other substance containing nicotine that is sold, marketed, or intended for use in a tobacco substitute [except a container] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Vt. Stat. Ann. tit. 7, § 1012(b)(2) (2023)
Tax
Other tobacco products means “any product manufactured from, derived from, or containing tobacco that is intended for human consumption by smoking, chewing , or in any other manner, including products sold as a tobacco substitute…and including any liquids, whether nicotine based or not, or delivery devices sold separately for use with a tobacco substitute, but shall not include cigarettes, little cigars, roll-your-own tobacco, snuff, or new smokeless tobacco . . . .”
Vt. Stat. Ann. tit. 32, § 7702(15) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Tobacco substitutes taxed at rate of 92% of wholesale price.
Vt. Stat. Ann. tit. 32, § 7811(a) (2023)
What regulations are in place for e-cigarette packaging?
Liquid nicotine must be sold in child-resistant packaging, excluding pre-filled cartridges not intended to be opened by consumer.
Vt. Stat. Ann. tit. 7, § 1012(a) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of tobacco substitutes to persons under age 21 prohibited.
Vt. Stat. Ann tit. 7, § 1003(a) (2023)
Purchase/possession of tobacco substitutes by persons under age 21 prohibited, unless in connection with indigenous cultural practices.
Vt. Stat. Ann. tit. 7, § 1005(a)(1) (2023)
Self-service displays restricted to locations inaccessible to persons under age 21 years.
Vt. Stat. Ann. tit. 7, § 1003(c)(2) (2023)
No person under the age of 16 years may sell tobacco substitutes.
Vt. Stat. Ann. tit. 7, § 1002(f) (2023)
Mail order, phone order, and internet sales of tobacco substitutes and nicotine-containing substances restricted to sales to licensed wholesalers and retailers.
Vt. Stat. Ann. tit. 7, § 1010(b) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Vt. Stat. Ann. tit. 7, § 1002(a) (2023)
What smoke-free restrictions exist for e-cigarette use?
Use of tobacco substitutes restricted similar to smoking and prohibited in public places, including indoor public places, grounds of publicly-owned buildings and within 25 feet of any state owned building, and in workplaces (with some exceptions).
Vt. Stat. Ann. tit. 18, §§ 1742, 1743 (exceptions), 1421(a) (2023)
Use of tobacco substitutes prohibited at child care facilities and afterschool programs.
Vt. Stat. Ann. tit. 33, § 3504(a) (2023)
Use of tobacco substitutes prohibited on “public school grounds” and at sponsored events.
Vt. Stat. Ann. tit. 16, § 140 (2023)
Use of tobacco substitutes prohibited in cars occupied by a child under 18 years of age.
Vt. Stat. Ann. tit. 23, § 1134b(a) (2023)
Vermont e-cigarette regulations as of September 15, 2023.