Pennsylvania Tobacco and Electronic Cigarette Vending Laws
It is illegal to sell vapor products to persons under the age of 21 in the State of Pennsylvania.
Pennsylvania law provides exceptions to the 21-year age requirement for individuals who: (a) are 18 and in the United States or state military; or (b) received an honorable discharge from the military.
Note: These under 21 exceptions are not incorporated into federal statutes. Based on current federal legislation, selling to any person under 21 is a violation of federal law.
E-cigarettes are included in the definition of tobacco products under PA law.
- 72 P.S. section 8201-A
Retailers of vapor products must obtain a license from the Pa. Department of Revenue.
- 72 P.S. section 8220-A
Vape Vending Machines
It is unlawful to place a tobacco product vending machine in a location that is accessible to minors.
- 18 P.S. section 6305(a)(4)
It is unlawful to display or offer tobacco products for sale in any manner that enables an individual other than the retailer or an employee of the retailer to physically handle tobacco products prior to purchase unless the tobacco products are located within the line of sight or under the control of cashier or other employee during business hours.
- Not applicable to retail stores that derive 75% or more of its sales revenue from tobacco products.
- 18 P.S. section 6305(a)(6)
Vending Machines in General
An operator who sells taxable tangible personal property or selected food and beverage items through a vending machine is required to obtain a Sales, Use and Hotel Occupancy Tax License for the purpose of collecting and remitting tax to the Pa. Department of Revenue.
A sign or a sticker setting forth the name and address of the operator shall be conspicuously displayed on the vending machine.
- 61 P.A. Code section 31-28
Additional city, county, and state vending license requirements may apply.
Check with local municipality.
Taxes / Additional Rules and Regulations
Excise Tax: 40% of purchase price charged to retailer.
A tobacco products tax is imposed on the dealer or manufacturer at the time the electronic cigarette is first sold to a retailer in PA.
- 72 P.S. section 8202-A
A retailer may only purchase tobacco products from a licensed dealer.
- 72 P.S. section 8202-A.1
Labeling and Packaging:
It is unlawful to knowingly possess, sell, give, transfer any tobacco product where the packaging of has been modified or altered by a person other than the original manufacturer. Modification / alteration includes the placement of a sticker, writing or mark to cover information on the packages.
- 72 P.S. section 8233-A