Vape Vending Machines Sales Laws and Regulations in Oregon
Thinking of Launching a Vape Vending Machine in Oregon?
Here’s What You Need to Know First
Considering becoming a vape vending machine host in Oregon? 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.Whether 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 Oregon.
1. Licensing and Permitting Requirements
A. Oregon Tobacco Retail License (Required for Vending Operators)
- Required for all entities selling inhalant delivery systems (e.g., vape pens, nicotine pouches) to consumers in Oregon.
- This includes vending machines.
- Governed by ORS 431A.196.
- Administered by the Oregon Department of Revenue.
- Apply via: Oregon Tobacco Retail License
Details:
- The license is location-specific; each vending machine location must have a license.
- Annual fee: $953 per location (as of 2025).
- Must be renewed annually by December 31.
B. Distributor or Wholesale License
Required if:
- You supply your own vending machines with product for resale.
- You import or buy product directly from out-of-state manufacturers.
- Governed by ORS 323.500 et seq.
- Apply through: Oregon Department of Revenue – Tobacco Licensing
C. Oregon Business Registry
- All businesses (LLC, sole proprietorship, etc.) must register through:
- Must file your:
- Business name (DBA if applicable)
- Registered agent
- Oregon business address
2. Placement Restrictions for Vending Machines
🔒 ORS 431A.175
“A person may not sell or distribute an inhalant delivery system in any manner other than a face-to-face exchange.”
Exception: The vending machine must be in a location where:
-
Persons under 21 are prohibited by law or policy, e.g.,:
- Bars
- 21+ nightclubs
- Private clubs
- Employee-only backrooms
- Machines must not be in public areas accessible to minors.
🛑 No vending machines allowed in:
- Gas stations
- Convenience stores
- Public-facing restaurants
3. Taxes and Fees
🔸 Excise Tax
- Rate: 65% of the wholesale sales price
- Applies to all inhalant delivery systems including:
- Nicotine pouches
- Disposable vapes
- Prefilled cartridges
- Bottled e-liquids
📜 Statute: ORS 323.505 to ORS 323.750
Collected by: Oregon Department of Revenue
Filing: Quarterly or monthly returns through Revenue Online
🔸 No State Sales Tax
- Oregon does not charge sales tax, but local business taxes may apply.
4. Regulatory Oversight
Agency | Function |
---|---|
Oregon Department of Revenue | Licenses tobacco retailers, collects tobacco tax |
Oregon Health Authority (OHA) | Enforces public health rules, signage, access |
Secretary of State | Business registration and compliance |
5. Signage and Packaging Requirements
A. Signage
Must be displayed on or near vending machine:
- “SALE OF INHALANT DELIVERY SYSTEMS TO PERSONS UNDER 21 IS PROHIBITED BY LAW”
- Lettering must be legible and prominently posted.
B. Packaging
-
Child-resistant packaging required under OHA rules.
- Label must state:
- “This product contains nicotine. Nicotine is an addictive chemical.”
6. City/County Ordinances
While Oregon law preempts most local regulation of tobacco products:
-
Zoning and business license restrictions may apply in:
- Portland
- Eugene
- Salem
- Example: Portland may require additional vending machine permits and restrict signage visibility.
👉 Contact Local City Licensing Department for:
- Fire codes
- Electrical permits (for machines)
- Zoning overlays
7. Forms and Filings
Form | Use |
---|---|
ORS Form OR-TRL | Tobacco Retail License application |
Form OR-CIG | Tobacco Distributor tax filing |
Oregon Business Registry (SOS) | Entity formation (LLC, Corp, etc.) |
Resale Certificate (OAR 150-323) | Exemptions when buying for resale (if distributing yourself) |
Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Oregon government resources for the most current regulations.
Questions? Call us at +1 888-537-8273