Vape Vending Machines Sales Laws and Regulations in Vermont
Thinking of Launching a Vape Vending Machine in Vermont?
Here’s What You Need to Know First
Considering becoming a vape vending machine host in Vermont? 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 Vermont.
1. Business & Vending Machine Licensing
A. Tennessee Food Vending Machine Operator License
Required if vending any ingestible/nicotine-containing products.
- Statute: Tenn. Code Ann. § 53-12-104(a–b)
- Fee: $100 annually
- Renewal: Due August 1 each year
- Labeling: Each vending machine must display:
“The license number issued by the commissioner and the operator’s name and address shall be readily visible on each vending machine or integrated bank of vending machines.”
— Tenn. Code Ann. § 53-12-104(b)
View statute on Justia
2. Placement Restrictions
A. Vending Machine Location Rules
Statute: Tenn. Code Ann. § 39-17-1507
A vending machine selling vapor products, smoking hemp, smokeless nicotine must be in:
- Employee-only areas not accessible to the public
- 21+ restricted venues (e.g., bars)
- Supervised establishments (e.g., machines monitored by an employee)
- Token-only machines (token must be issued by staff before each use)
All must be inaccessible when the business is closed.
“It is unlawful for any person to sell… through a vending machine unless the vending machine is located in… places where persons under twenty-one (21) are denied access…”
— Tenn. Code Ann. § 39-17-1507
Full Text
3. Taxes
A. Excise Tax on Vapor Products
Statute: Tenn. Code Ann. § 67-4-2601 et seq.
- Rate: 6.6% of wholesale cost for vapor products
- Return Form: TOB552
- Filing: Monthly
B. Sales & Use Tax
- Rate: 7% state + local option (usually 2.25%)
- Registration: Required via TNTAP
4. Regulatory Bodies
| Area | Department |
|---|---|
| Vending Licenses | TN Department of Agriculture – Consumer & Industry Services |
| Tobacco & Vape Tax | TN Department of Revenue |
| Sales Tax | TN Department of Revenue |
| Age Verification & Enforcement | TN Dept. of Health & Law Enforcement |
5. Required Disclosures & Signage
Per Tenn. Code Ann. § 39-17-1506:
“Each retailer… shall post a sign at the point of sale… stating:
'State law prohibits the sale of tobacco or vapor products to persons under 21 years of age.'”
For vending machines: This sign must be clearly visible, and age-gating mechanisms must be used (employee-controlled or restricted-entry).
6. Product Packaging Requirements
While not always enforced at the state level, federal law still governs:
- Must be child-resistant: 16 CFR § 1700.15
- Must include a nicotine warning label: 21 CFR § 1143.3
7. Preemption – Local Laws Prohibited
Tenn. Code Ann. § 39-17-1551:
“Local governments shall not regulate the use, distribution, promotion, or sale of tobacco or vapor products.”
Therefore, no city or county can impose stricter vending restrictions.
8. How to Comply – Step-by-Step
| Step | Action |
|---|---|
| 1 | Register your business with TN Secretary of State |
| 2 | Register for Sales & Use Tax via TNTAP |
| 3 | Apply for Tobacco License (if wholesaling/distributing vapor) |
| 4 | File for Food Vending Machine Operator License under § 53-12-104 |
| 5 | Label each vending machine with name, address, and license number |
| 6 | Install age restriction mechanism and required signage |
| 7 | Remit excise and sales tax monthly |
Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Vermont government resources for the most current regulations.
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