E-Cigarette Regulations - Vermont

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

Yes.
32 Vt. Stat. Ann. § 7702(15) (2020)

 

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 . . . .”
7 Vt. Stat. Ann. § 1001(8) (2020)

Nicotine liquid container means “a bottle or other container of a nicotine liquid or other substance containing nicotine which 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.”
7 Vt. Stat. Ann. § 1012(b)(2) (2020)

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…”
32 Vt. Stat. Ann. § 7702(15) (2020)

 

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.
32 Vt. Stat. Ann. § 7811(a) (2020)

 

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.
7 Vt. Stat. Ann. § 1012(a) (2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of tobacco substitutes to persons under age 21 prohibited.
7 Vt. Stat. Ann § 1003(a) (2020)

Purchase/possession of tobacco substitutes by persons under age 21 prohibited.
7 Vt. Stat. Ann. § 1005(a)(1) (2020)

Self-service displays restricted to locations inaccessible to persons under age 21 years.
7 Vt. Stat. Ann. § 1003(c)(2) (2020)

No person under the age of 16 years may sell tobacco substitutes.
7 Vt. Stat. Ann. § 1002(f) (2020)

 

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

Yes.
7 Vt. Stat. Ann. § 1002(a) (2020)

 

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 and hospital buildings and within 25 feet of any state owned building, and in workplaces (with some exceptions).
18 Vt. Stat. Ann. §§ 1742; 1743 (exceptions); 1421(a) (2020)

Use of tobacco substitutes prohibited at child care facilities and afterschool programs.
33 Vt. Stat. Ann. § 3504(a) (2020)

Use of tobacco substitutes prohibited on “public school grounds” and at sponsored events.
16 Vt. Stat. Ann. § 140 (2020)

Use of tobacco substitutes prohibited in cars occupied by a child under 18 years of age.
23 Vt. Stat. Ann. § 1134b(a) (2020)

 

Vermont e-cigarette regulations as of September 15, 2020.

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