Current Vape Vending Machine Sales and Use Laws in Kentucky

Looking for clear information on Kentucky's laws regarding vaping products and vape vending machines? This quick guide provides a concise overview of the key regulations in place for Kentucky vapes.

Knowing the Laws Dictates Where Your Vending Machine Can Go

Kentucky, like many places, has regulations in place for vaping. Understanding these laws is essential for responsible vaping. Here's a breakdown of the key points:

    • Age Verification: Kentucky follows the federal minimum age of 21 for e-cigarette sales. This applies to both retail stores and online vendors, so be prepared to show valid ID if you're looking to purchase a vape.
    • Vending Machine Sales: In Kentucky, vape products can be sold through vending machines but must be inaccessible to minors and within eyesight of cashier. This can restrict where you're able to place your vending machine.
    • Indoor Vaping Restrictions: Kentucky restricts vaping in many public places. This includes government property, courthouses, schools (except designated outdoor areas in high schools for those of legal age), childcare facilities, tattoo/body piercing studios, public pools/bathhouses (with some restrictions), and underground mines.

Age Restrictions on Vape and Tobacco Product Sales

In Kentucky, selling or distributing vapor products to individuals under 21 is illegal.

"A person shall not sell, distribute, or give vapor products to a person under 21 years of age." Kentucky Revised Statutes, §438.310(1)

Vending Machine Sales: Location Requirements and Penalties

Strict regulations govern the sale of vape and tobacco products via vending machines in Kentucky:

Age Restriction

Vending machines must only dispense products to individuals aged 21 or older. Learn more about VapeTM’s age verification systems.

"The sale of tobacco products, alternative nicotine products, or vapor products dispensed through a vending machine is prohibited to any person under the age of twenty-one (21) years." Kentucky Revised Statutes, §438.315(1)

Location Requirements

Machines must be within the cashier's line of sight unless in adult-only venues like bars or factories.

"Any vending machine... shall be located in the line of sight of the cashier for the retail establishment, except for machines in factories or in bars/taverns where minors are not permitted." Kentucky Revised Statutes, §438.315(3)

Penalties

Violations can lead to fines ranging from $100 to $500, enforced by the Department of Alcoholic Beverage Control.

"Any owner of a retail establishment violating this section shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each violation." Kentucky Revised Statutes, §438.315(4)

Vending Machine Operator’s License Requirements

License Requirement

A vending machine operator’s license issued by the Kentucky Department of Revenue is mandatory for operating machines selling tobacco products. Learn more about VapeTM’s vending machines for compliance.

"A vending machine operator’s license issued by the Kentucky Department of Revenue is required." Kentucky Administrative Regulations, §103 KAR 41:040

Display of License Information

Operators must display their license number, name, and address on each machine. Check out VapeTM's operational lockout devices for safer operations.

"The license number and name and address of the operator shall be affixed to each machine... to be visible at the time of purchase." Kentucky Administrative Regulations, §103 KAR 41:040

Taxes on Vape Products

  • Closed Cartridges: $1.50 per cartridge.
  • Open Vaping Systems: 15% tax on the distributor's price.
  • Standard state sales taxes apply to all vape products.

Additional Resources

The Laws Can Always Change

Vape laws can change, so it's important to have the latest information. We recommend checking the Kentucky government resources for the most up-to-date regulations.

Vape Responsibly and Ask Us If You Have Any Questions

By following these regulations, we can ensure a safe and enjoyable vaping experience for everyone in Kentucky. Feel free to contact us if you have any further inquiries about Kentucky's vaping laws or our line of vape vending machines. 

How Kentucky's New Vape Law Impacts the Industry

The vaping industry in Kentucky is facing significant changes as House Bill 11 (HB 11) takes effect on January 1, 2025. Designed to reduce underage vaping, the legislation has stirred debates among lawmakers, business owners, and public health advocates. Here’s a comprehensive look at the bill, its implications, and how businesses can adapt to this evolving landscape.

Understanding House Bill 11

HB 11 requires that all smokeless nicotine products sold in Kentucky must either be FDA-approved or have a pending FDA approval application. This effectively bans flavored e-cigarettes from being sold in the state, as only tobacco- and menthol-flavored products meet the current criteria.

The Objective: Curbing Underage Vaping

Advocates of HB 11 emphasize the importance of reducing youth access to vaping products. According to the State Law Page, Kentucky ranks 7th in the U.S. for underage vaping, with 21% of teenagers reportedly using vape products.

Impact on Vape Shops and Small Businesses

For small businesses like Hideaway Novelties in Pike County, this law presents significant challenges. The shop has relied on flavored vape sales for years, and owners Dorothy and Michael Kiser expect to see a major drop in revenue due to the ban.

Business Owners’ Perspectives
  • Loss of Revenue: Flavored vapes attract customers, and without them, businesses risk losing foot traffic.
  • Smaller Shops at Risk: Established stores may pivot or expand, but smaller operations could face closures.
  • Consumer Behavior: There’s concern that limited vape options may push some users back to traditional cigarettes.

Comprehensive Overview of Kentucky Laws

For a detailed guide on Kentucky’s vapor product laws, visit the Kentucky Laws Page. This resource outlines specific requirements for retailers, including FDA compliance and state permits for operating vending machines.

Adapting to Change: Opportunities and Challenges

While HB 11 presents challenges, it also offers opportunities for innovation:

  • Expanding Product Lines: Retailers can focus on FDA-approved tobacco and menthol-flavored vapes, nicotine alternatives, and non-nicotine products.
  • Cross-State Expansion: Businesses can explore opening locations in states with less restrictive regulations.

For businesses seeking to navigate the complexities of vape vending laws, the VapeTM Compliance Guide offers a detailed roadmap to ensure legal and successful operations.

Conclusion: Kentucky HB 11 and Vape Vending

Kentucky’s HB 11 reflects a growing trend toward stricter vaping regulations. While these laws aim to protect public health, their economic and social implications must be carefully considered. Retailers and consumers alike will need to adapt to a rapidly evolving marketplace, balancing accessibility with regulatory compliance.

For more insights on vaping laws and industry trends, visit VapeTM's State Law Page and explore how to stay compliant while thriving in the vape industry.

Disclaimer:  This page is intended for informational purposes only and should not be considered legal advice. Please refer to official Kentucky government resources for the most current regulations.