Vaping and E-Cigarette Laws by State: Manufacturers

State

E-Cigarette Packaging, Tax, and Permit Laws

Alabama

N/A

Alaska

N/A

Arizona

N/A

Arkansas

• Must have child-resistance packaging. Some restrictions on pre-filled or sealed cartridge packaging (Section 26-57-254(c))
• Wholesalers need permits (Section 26-57-214)

California

• Must have child-resistant packaging (Section 119406(a))
• Wholesalers and distributors need a permit (Section 22975(a))

Colorado

N/A

Connecticut

• Manufacturers need permits (Section 21a-415a(a))

Delaware

N/A

District of Columbia

N/A

Florida

N/A

Georgia

N/A

Hawaii

N/A

Idaho

N/A

Illinois

• Must have child-resistant packaging for liquids. Some exceptions apply (Section 430-40/10)

Indiana

• Must have child-resistance packaging for all liquids or gels, aside from prefilled containers (Section 24-3-7-7)
• Must use tamper-evident packaging for e-liquids, and child-proof caps
• Must label product as addictive with all nicotine warnings (Section 7.1-7-4-6(b))
• Cannot advertise product as a “modified risk” (Section 7.1-7-5-1.1(i))
• Manufacturers must have permits (Section 7.1-7-4-1(a)) and cannot produce a product with more than 75 mg/ml of nicotine (Section 7.1-7-5-1.1(e))

Iowa

N/A

Kansas

N/A

Kentucky

N/A

Louisiana

N/A

Maine

• Must have child-resistant packaging (Section 22-1560-B(2))

Maryland

• License required for shipping and importing (Section 16.7-213), manufacturing (Section 16.7-211), or distributing (Section 16.7-201) e-cigarettes or vaping devices

Massachusetts

• Child-resistant packaging required (Sections 270-27(a) and 940-21.05) and bulk packaging cannot be sold as smaller quantities or repackaged by retailers (Section 940- 21.04(1)(b))

Michigan

N/A

Minnesota

• Child-resistant packaging for all nicotine or non-nicotine liquids used in e-cigarette devices (Section 461.20(b))
• Town boards may license devices. If they do not, the county board can license and regulate e-cigarette devices (Section 461.12(1)). Taxed at 95% of the wholesale price (Section 297F.05(3)).

Mississippi

N/A

Missouri

• Child-resistant packaging for all nicotine liquids required. Some exceptions apply (Section 407.926.4(1),(2)).

Montana

N/A

Nebraska

N/A

Nevada

N/A

New Hampshire

• All e-cigarette or vaping devices and liquid nicotine must be sold in original packaging (Section 1003.01).

New Jersey

• Child-resistant containers required for liquid nicotine (Section 2A:170-51.9(a))

New Mexico

• Child-resistant packaging required unless the product was prefilled, sealed, and will only be opened by employees at the retailer (Sections 30-49-3(D) and 57-2C-1(A)). Factory-sealed packaging required for all sales of product or refills (Section 30-49-3(c)).

New York

• Child-resistant bottle required for all liquid nicotine (Section 399-gg(1))

North Carolina

• Child-resistant containers required with a warning label that product has nicotine (Section 14-401.18A(b-c))
• Taxed at $0.05/fluid ml per product (Section 105-113.35(a1))

North Dakota

• Child-resistant containers for any nicotine liquids (Section 12.1-31-03.2(1))

Ohio

• Retailers cannot change the quantity sold. It must be equal to the manufacturer's container, i.e., a pack of five must be sold as five even if the original packing is removed (Section 2927.02(B)(5))

Oklahoma

N/A

Oregon

• Child-resistant packaging that is “not attractive to persons under 18” required. All parts must be labeled according to state rules (Section 431A.175(2)(d-f)).

Pennsylvania

• Products must be unaltered in the manufacturer’s original packaging to be sold legally (Section 72-8233-A)
• Taxed at 40% of the purchase price (Section 72-8202-A(a.1))
• Permit required for manufacturers (Section 72-8220-A(b))

Rhode Island

• Child-resistant packaging required for liquids (Section 11-9-13.20(a-b))
• Unaltered, factory-wrapped packaging required for pens and devices (Section 11-9-13.8(2))

South Carolina

N/A

South Dakota

• Products must be sold in original packaging from the manufacturer (Section 34-46-21)

Tennessee

• Child-resistant packaging for liquid nicotine required (Section 39-17-1512(b))

Texas

• Child-resistant packaging required for liquid nicotine, unless the product is prefilled, sealed, and opened by the store, not the consumer (Section 161.0875)

Utah

• Requires compliance with the state’s requirements on labeling, packaging, and content restrictions for all unsealed e-cigarettes
• Regulations on included warnings, additives, maximum nicotine levels, and child-resistant packaging (Section 384-415-3 through 6)

Vermont

• Child-resistant packaging required, except for pre-filled cartridges that the consumer will not open (Section 7-1012(a))

Virginia

• Child-resistant container required for liquid nicotine products, except for anything the consumer will not open such as sealed and prefilled cartridges (Section 59.1-293.11(A))

Washington

• Child-resistant packaging and containers (Section 70.345.130(1)) and liquid nicotine products must have detailed warning labels (see specifics in Section 70-345-075(1))

West Virginia

N/A

Wisconsin

N/A

Wyoming

• Child-resistant packaging required for all liquid nicotine products (Section 35-7-2002(a))