Vape Machine Laws and Permits in South Carolina

South Carolina Vape Vending Laws and Regulations

South Carolina Vape Vending Laws and Regulations

Understanding the legal landscape for vape vending machines in South Carolina is crucial for business owners, especially those operating in major cities like Charleston, Columbia, Greenville, and Myrtle Beach, as well as establishments near college campuses.

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: As of December 2019, federal law raised the minimum age to purchase tobacco products, including vapor products, to 21. While South Carolina's state law specifies 18, federal law takes precedence.

Proof of Age

Packaging and Safety Requirements for E-Liquids

South Carolina mandates that e-liquid containers sold within 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.

"(D) It is unlawful to sell a tobacco product or an alternative nicotine product through a vending machine unless the vending machine is located in an establishment:
(1) which is open only to individuals who are eighteen years of age or older; or
(2) where the vending machine is under continuous control by the owner or licensee of the premises or an employee of the owner or licensee, can be operated only by activation by the owner, licensee, or employee before each purchase, and is not accessible 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.
  • Exemptions: Local regulations enacted before December 31, 2020, remain valid. (SC Code § 44-95-45)

Operating Vape Vending Machines in South Carolina

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

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