Florida Regulates Vape Vending Machines

Frequently Asked Questions

• What is a nicotine product? A nicotine product includes any device or substance intended for human consumption that contains nicotine.
• Do I need a permit to sell nicotine products? Yes, a retail nicotine products dealer permit is required.
• How does VapeTM support compliance? We offer operational lockout devices and age verification systems tailored to meet Florida's laws.
• Are there penalties for non-compliance? Yes, businesses failing to comply with Florida laws face legal and financial penalties.

Part I: Tobacco Products

1. Section 569.003(1)(a)

   "Each person, firm, association, or corporation that seeks to deal, at retail, in tobacco products within this state, or to allow a tobacco products vending machine to be located on its premises in this state, must obtain a retail tobacco products dealer permit for each place of business or the premises where tobacco products are sold."

2. Section 569.005(1)

   "It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003."

3. Section 569.006

   "The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of this chapter, including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on its premises within the state…"

4. Section 569.007(1)(b)

   "Sales from a vending machine are prohibited under the provisions of paragraph (1)(a) and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the dealer or the dealer’s agent or employee…."

5. Section 569.008(3)(d)

   "If the sale was made through a vending machine, the machine was equipped with an operational lock-out device."

Part II: Nicotine Products

6. Section 569.32(1)(a)

   "Each person, firm, association, or corporation that seeks to deal, at retail, in nicotine products within the state, or to allow a nicotine products vending machine to be located on its premises in the state, must obtain a retail nicotine products dealer permit for each place of business or premises at which nicotine products are sold."

7. Section 569.34(1)

   "It is unlawful for a person, firm, association, or corporation to deal, at retail, in nicotine products, in any manner, or to allow a nicotine products vending machine to be located on its premises, without having a retail nicotine product dealer permit as required by s. 569.32."

8. Section 569.37(1)(b)

   "Sales from a vending machine are prohibited under paragraph (a) and are only permissible from a machine that is equipped with an operational lockout device that is under the control of the dealer or the dealer’s agent or employee…."

Key Takeaways

• Tobacco Product Vending Machines: Regulated primarily in § 569.003, § 569.005, § 569.006, § 569.007, and § 569.008.
• Nicotine Product Vending Machines: Regulated in § 569.32, § 569.34, and § 569.37.
• Lockout Device Requirement: Both tobacco and nicotine product vending machines must have operational lockout devices to ensure controlled dispensing and prevent underage sales.
• Permit Required: Any location allowing a vending machine to dispense tobacco or nicotine products must obtain the appropriate permit from the Division of Alcoholic Beverages and Tobacco.