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.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 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:

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.

 

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