Vape Vending Machines Sales Laws and Regulations in Mississippi

Thinking of Launching a Vape Vending Machine in Mississippi?
Here’s What You Need to Know First

Considering becoming a vape vending machine host in Mississippi? Familiarize yourself with the current state laws to ensure compliance and successful operations. Here's a quick breakdown of current state regulations for vapor products, vape machines, and sales.VapeTMWhether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in Mississippi.

PLACEMENT RESTRICTIONS

Statutory Authority:

Miss. Code Ann. § 97-32-50(1)(b)

“A person shall not sell or distribute alternative nicotine products or vapor products through a vending machine unless the vending machine is:

  • (i) located in an establishment that is not accessible to persons under twenty-one (21) years of age, or
  • (ii) in a location where the machine is under the continuous supervision of the owner or an employee of the owner.”

✔️ Compliant Locations:

  • 21+ bars, clubs, or liquor stores
  • Employee-only areas (e.g., office break rooms)
  • Areas monitored with a remote lock/unlock mechanism by staff

❌ Not Allowed:

  • Grocery stores, gas stations, or convenience stores where minors may enter without restrictions
  • Public or unattended areas (e.g., hallways, lobbies)

LICENSING & PERMITS

Governing Statute:

Miss. Code Ann. § 27-69-5(1)

“Every dealer or distributor engaging in the sale or distribution of tobacco or vapor products at retail must obtain a permit before engaging in business.”

Required Permits:

Permit Type Details
Retail Tobacco Permit Required for any vape or nicotine product sales, including vending.
Separate Permit Per Location One for each vending machine site.
Annual Renewal Must be renewed annually.
Application Portal Mississippi DOR TAP System

TAXES & FEES

1. Excise Tax

Miss. Code Ann. § 27-69-13(1)(b)

“An excise tax at the rate of $0.05 per milliliter of consumable liquid shall be levied on all vapor products sold in this state.”

  • Tax is paid by distributors, but retailers (vending operators) must buy tax-paid inventory.
  • Applies to e-liquids, cartridges, pods, and disposables.

2. Sales Tax

Mississippi Code Title 27, Chapter 65

“Sales of tangible personal property are subject to the general 7% state sales tax.”

  • Charged on every vape/nicotine pouch sale via vending.
  • Vending operators must obtain a Sales Tax Permit and remit monthly reports.

3. Additional Filing

You must register your vending business using Form 70-001 (Mississippi Business Registration Application) via the TAP portal and specify:

  • Business activity: Vending
  • Product types: Tobacco, vapor, alternative nicotine
  • Machine locations

REGULATORY & ENFORCEMENT AGENCIES

Agency Role
MS Dept. of Revenue (DOR) Licensing, taxation, and audit/enforcement
MS State Dept. of Health (MSDH) Public signage rules,
youth access enforcement
FDA (Federal Oversight) Deeming Rule enforcement;
packaging and marketing restrictions

MUNICIPAL ORDINANCES

City-Level Restrictions May Include:

  • Oxford, MS: Bans any form of vape advertising within 1,000 feet of schools
  • Jackson, MS: Local zoning code may require a conditional use permit for machines placed in commercial zones

Always check with:

  • City Hall / Clerk’s Office
  • Zoning Department
  • Local law enforcement (for enforcement trends)

OTHER LEGAL & COMPLIANCE REQUIREMENTS

1. Minimum Age Signage

Miss. Code Ann. § 97-32-51(2):

“Retailers shall display signage stating: ‘The sale of tobacco, alternative nicotine products, or vapor products to persons under 21 years of age is prohibited by law.’”

  • Sign must be visible on the machine or adjacent wall.
  • Font must be legible and in contrasting color.

2. Age Verification

While vending machines don’t allow ID checks, compliance is met only if:

  • The machine is in a location where all patrons are 21+, or
  • An employee controls the machine with ID-based unlocking.

3. Child-Resistant Packaging

All refillable liquids or prefilled pods must comply with 16 C.F.R. § 1700.15 packaging safety.

4. Federal Warning Label (Required)

For products containing nicotine:

“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

Must be clearly printed on:

  • Machine decals
  • Product packaging (as supplied by manufacturer)

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

 

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