Vape Machine Laws and Permits in South Carolina

South Carolina Vape Vending Laws and Regulations

South Carolina has established specific laws and guidelines for selling and vending vapor products within the state. Whether you're a business owner looking to operate vape vending machines or a retailer selling e-liquids, it’s essential to understand and comply with state and federal regulations.

Key Laws for Vape Sales in South Carolina

Minimum Age Requirement

  • It is illegal to sell or provide free samples of vapor products to individuals under the age of 18.

    • SC Code Section 16-17-500(A)

  • Note: Effective December 2019, federal law raised the minimum age to purchase tobacco products, including vapor products, to 21. While South Carolina’s state law still specifies 18, the federal law takes precedence.

Proof of Age

  • Retailers must demand proper proof of age when selling vapor products. Failure to do so is unlawful.
    • SC Code Section 16-17-500(A)

Packaging and Safety Requirements for E-Liquids

South Carolina requires that e-liquid containers sold in the state comply with federal safety and labeling standards:

  1. Federal Labeling Standards: Containers must meet the requirements of 21 C.F.R. 1143.3, ensuring proper placement of labels and warnings.
  2. Child-Resistant Packaging: Containers must comply with child-resistant standards as outlined in 16 C.F.R. 1700.15(b)(1) and tested per 16 C.F.R. 1700-20.
  3. Trademark and Copyright Compliance: E-liquid packaging must adhere to federal trademark and copyright laws.
    • SC Code Section 16-17-506

Vape Vending Machine Regulations

Vape vending machines are permitted in South Carolina but must comply with strict guidelines:

Allowed Locations

  1. Age-Restricted Venues: Vending machines may be located in establishments open only to individuals aged 18 and older.
  2. Supervised Use: Machines in other locations must:

    • Be under continuous supervision by the owner, licensee, or their employee.

    • Require activation by the owner, licensee, or employee for each purchase.

    • Be inaccessible to the public when the establishment is closed.

    • SC Code Section 16-17-500(D)

Licensing for Vape Sales and Vending Machines

No Statewide License for Vapor Products

Currently, South Carolina does not require a specific license to sell vapor products.

Vending Machine Permits

City, county, or state vending licenses may still apply. Businesses should consult the South Carolina Department of Revenue or their local municipality to determine if a vending machine permit is required.

Taxes and Additional Rules

Excise Tax

  • South Carolina does not impose an excise tax on vapor products.
  • Ordinary sales tax rates apply.

Local Regulations Preemption

  • Effective May 16, 2023, South Carolina enacted a law preventing cities, counties, or towns from creating new laws related to:

    • Ingredients or flavors of vapor products.
    • Licensing beyond general business licenses.
    • Any other rules specific to vapor or tobacco products.
    • SC Code § 44-95-45

  • Exemptions: Local regulations enacted before December 31, 2020, remain valid.

Operating Vape Vending Machines in South Carolina

If you plan to operate vape vending machines in South Carolina, consider the following:

  1. Confirm Vending Permit Requirements: Check with local authorities about vending machine licensing.
  2. Choose Age-Restricted Locations: To avoid compliance issues, install machines in areas restricted to individuals 18+ or under continuous supervision.
  3. Comply with Packaging Standards: Ensure all e-liquids in the vending machine meet federal safety and labeling regulations.

Resources for Vape Vending Compliance

For more information on South Carolina vape vending laws, licensing, and taxes, visit: