E-Cigarette Regulations - Wyoming

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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?

Sales Restrictions:

Electronic cigarette means “any device that can be used to deliver aerosolized or vaporized nicotine or synthetic nicotine to the person using the device and includes any component, part and accessory of the device and any vapor material intended to be aerosolized or vaporized during the use of the device [including] any electronic cigar, electronic cigarillo, electronic pipe, electronic hooka, vapor pen and any similar product or devices….”
Wyo. Stat. Ann §§ 14-3-301(a)(v); 39-18-101(a)(ix) (2020)

Vapor material means “any liquid solution or other material containing nicotine or synthetic nicotine tha tis depleted as an electronic cigarette is used [including] liquid solution or other material containing nicotine or synthetic nicotine that is sold with or iside an electronic cigarette.”
Wyo. Stat. Ann. §§ 14-3-301(vii); 39-18-101(a)(x) (2020)

Nicotine product means “tobacco products…, electronic cigarettes and vapor material.”
Wyo. Stat. Ann. §§ 14-3-301(vi); 39-18-101(a)(xi) (2020)

Packaging restrictions:

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, including any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.”
Wyo. Stat. Ann. §§ 35-7-2001(a)(iii) (2020)

Liquid nicotine container means “a bottle or other container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in a vapor product [not including a cartridge that is] prefilled and sealed by the manufacturer and not intended to be opened by the consumer . . . .”
Wyo. Stat. Ann. § 35-7-2001(a)(ii) (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Electronic cigarettes and vapor material purchased or imported by wholesalers taxed at rate of 15% of the wholesale price.
Wyo. Stat. Ann. § 39-18-104(g) (2020)

If tax not paid at time of wholesale purchase, consumers must pay tax at a rate of 7.5% of the retail price of electronic cigarettes and vapor material.
Wyo. Stat. Ann. § 39-18-014(h) (2020)

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine containers must “be sold in child resistant packaging.”
Wyo. Stat. Ann. § 35-7-2002(a) (2020)

 

What restrictions are in place for retail or youth access?

Sales/distribution/delivery of electronic cigarettes to persons under age 21 prohibited.
Wyo. Stat. Ann §§ 14-3-302(a), (c) (2020)

Purchase of electronic cigarettes by persons under age 21 prohibited.
Wyo. Stat. Ann § 14-3-304(a) (2020)

Possession/use of electronic cigarettes by persons under age 21 prohibited.
Wyo. Stat. Ann § 14-3-305(a) (2020)

Self-service displays and vending machine sales of electronic cigarettes restricted to locations inaccessible to persons under age 21.
Wyo. Stat. Ann § 14-3-303(b) (2020)

Remote sales require third party age verification and signature of person at least 21 years of age upon receipt.
Wyo. Stat. Ann. § 14-3-309(a), (b) (2020)

 

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

Yes, for wholesalers and manufacturers.
Wyo. Stat. Ann. § 39-18-106 (2020)

 

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

Use of electronic cigarettes prohibited in child care facilities when children are present.
Family Services Ch. 4 Wyo. Code R. § 14t (2020)

 

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

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