Pennsylvania Laws on Nicotine Products and Vending
Pennsylvania Vape Vending Machine Laws
1. Age Restrictions and Access Control
Overview: Pennsylvania law mandates that vape vending machines must be located in restricted areas inaccessible to minors under 21.
“A person is guilty of a summary offense if he sells or attempts to sell a tobacco product from a vending machine, except in a social club, a licensed liquor establishment, or another place not open to the general public and where the vending machine is located in an area inaccessible to persons under 21 years of age.”
(18 Pa.C.S. § 6305(a)(4))
Enforcement: Violations may lead to fines, vending machine removal, and other penalties enforced by state health and law enforcement agencies.
2. Military and Veteran Age Exceptions
Overview: While Pennsylvania generally enforces age restrictions for vape product sales, military personnel and veterans aged 18+ may purchase with valid identification.
“The federal Tobacco Control Act provides an exception for members of the Armed Forces under the age of 21 with a valid military identification card.”
(21 U.S.C. § 387f(d)(5))
Pennsylvania Adoption: Pennsylvania honors this exemption, enabling military members aged 18 and above to purchase vape products with proper ID.
3. Licensing Requirements for Vape Retailers
Overview: Vape vending machine operators must secure a license from the Pennsylvania Department of Revenue to ensure compliance with state sales regulations.
“Every retail dealer shall, before offering for sale any tobacco products, obtain a license from the department, to be renewed annually, and such license must be displayed conspicuously at the premises.”
(72 P.S. § 8205(a))
Penalties for Non-Compliance: Operating without a license can result in fines, penalties, and revocation of vending machine operation rights.
4. Packaging Standards and Consumer Protection
Overview: All vape products must be sold in tamper-proof, original packaging to ensure safety and prevent tampering.
“A tobacco product shall be sold only in its original packaging as provided by the manufacturer and labeled in compliance with this section, without alteration to the form, packaging, or labeling.”
(21 U.S.C. § 387c(a)(3))
State-Specific Standards: Pennsylvania enforces consumer protection laws requiring tamper-evident, original packaging for all vape products.
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