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Post by sarbeglj » Wed Dec 19, 2018 12:55 am

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Wyo. Stat. Ann. § 14-3-301(a)(i) (2018)

How does the state define an e-cigarette?
Sales Restrictions:

Tobacco products means “any substance containing tobacco leaf, or any product made or derived from tobacco that contains nicotine, including, but not limited to, cigarettes, electronic cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco . . . .”
Wyo. Stat. Ann. § 14-3-301(a)(i) (2018)

Electronic cigarette means “a product that employs any mechanical heating element, battery or electronic circuit, regardless of shape or size, that can be used to deliver doses of nicotine vapor by means of heating a liquid nicotine solution contained in a cartridge or other delivery system.”
Wyo. Stat. Ann § 14-3-301(a)(v) (2018)

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) (2018)

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) (2018)

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

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) (2018)

What restrictions are in place for retail or youth access?
Sales/distribution/delivery of electronic cigarettes to persons under age 18 prohibited.
Wyo. Stat. Ann §§ 14-3-302(a),(c) (2018)

Purchase of e-cigarettes by persons under age 18 prohibited.
Wyo. Stat. Ann § 14-3-304(a) (2018)

Possession/use of electronic cigarettes by persons under age 18 prohibited.
Wyo. Stat. Ann § 14-3-305(a) (2018)

Self-service displays and vending machine sales of electronic cigarettes restricted to locations inaccessible to persons under age 18.
Wyo. Stat. Ann § 14-3-303(b) (2018)

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

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 (2018)

Wyoming e-cigarette regulation as of September 15, 2018. Click to return to the map page.
Source: https://www.publichealthlawcenter.org/r ... -review/wy

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