Vape Vending Machines Sales Laws in Pennsylvania

Looking to install a vape vending machine in Pennsylvania? Understanding the local regulations can gain your business a great source of passive income. Here's a quick breakdown of Pennsylvania's e-cigarette regulations.

 

1. Licensing and Fees

A. Vending Machine Location License Fee

Pennsylvania requires that each physical location hosting a nicotine product vending machine must be licensed individually. According to guidance provided on sources such as VapeTM’s Pennsylvania vape vending page, operators are generally required to pay a fee of approximately $25 per location. This fee is collected by the Pennsylvania Department of Revenue as part of the licensing process for retailers of regulated products.

  • Each vending machine location in Pennsylvania requires its own license, with a fee of $25 per location.

B. Retailer Licensing Requirements

If you operate a vending machine that dispenses nicotine products (including products where the nicotine is not derived from tobacco), Pennsylvania law mandates that you secure a “vending machine retailer license” for each location. This means that rather than holding a single statewide license, you must obtain a separate license for each vending machine unit as required by state law.

Statutory Reference:

  • Licensing details for tobacco and similar nicotine products can be found under Pennsylvania’s regulations—primarily within Title 35 of the Pennsylvania Consolidated Statutes. Although the products may not be derived from tobacco, many provisions apply in a similar manner. You should review Title 35 and the corresponding administrative rules in the Pennsylvania Code to determine the most current licensing requirements.

2. Placement Restrictions

A. Age-Restriction Requirements

Pennsylvania law prohibits the sale of vapor products to persons under the age of 21. To enforce this, statutes explicitly require that vending machines be located so that minors cannot readily access them. This means that either the machines must be installed in adult-only areas or be equipped with effective age-verification mechanisms.

Example Statutory Language (Interpretative):
“No vending machine designed to dispense tobacco or nicotine products shall be placed in an area where persons under the age of 21 can readily access the products. Such machines must be located in settings that restrict access to adults only, or be outfitted with age-verification mechanisms.”

(While the exact section numbering may vary, similar language is found within sections of Title 35 addressing tobacco product sales.)

B. Location-Specific Requirements

In addition to age restrictions, local ordinances and state law impose further placement requirements for vending machines:

  • Restricted Access: The vending machine must be installed in an area inaccessible to minors.
  • Secure Installation: Machines should be either enclosed in a secure kiosk or located in venues (such as adult-only facilities) that meet state requirements.
  • Age Verification: Operators must implement an electronic or manual age verification system before products are dispensed.

These rules are intended to support the overarching statutory goal of reducing youth access to nicotine products.

3. Statutory and Regulatory Citations

The following citations provide examples of Pennsylvania statutory language and administrative rules that apply to vape vending machines:

A. Tobacco and Nicotine Product Regulations

  • E-Cigarettes as Tobacco Products:
    Under Pennsylvania law, e-cigarettes are included in the definition of tobacco products.
    Citation: 72 P.S. § 8201-A

  • Retailer Licensing for Vapor Products:
    Retailers selling vapor products are required to obtain a license from the Pennsylvania Department of Revenue.
    Citation: 72 P.S. § 8220-A

B. Vending Machine-Specific Rules

  • Placement Restrictions:
    It is unlawful to place a tobacco product vending machine in a location that is accessible to minors.
    Citation: 18 P.S. § 6305(a)(4)

  • Product Handling Requirements:
    It is also unlawful to display or offer tobacco products for sale in any manner that permits individuals other than the retailer or its employees to handle the products prior to purchase unless they remain within sight or under the control of a cashier during business hours. (This requirement does not apply to retail stores where 75% or more of sales revenue derives from tobacco products.)
    Citation: 18 P.S. § 6305(a)(6)

C. General Vending Machine Regulations

  • Tax License Requirement:
    Operators who sell taxable tangible personal property or selected food and beverage items through vending machines must obtain a Sales, Use and Hotel Occupancy Tax License from the Pennsylvania Department of Revenue.
    Citation: 61 P.A. Code § 31-28
    A sign or sticker displaying the operator’s name and address must be conspicuously displayed on the vending machine.

D. Taxes and Additional Regulations

  • Excise Tax:
    An excise tax of 40% of the purchase price is imposed on retailers for tobacco products. A tobacco products tax is also imposed on the dealer or manufacturer when an electronic cigarette is first sold to a retailer in Pennsylvania.
    Citation: 72 P.S. § 8202-A

  • Dealer Purchase Requirements:
    Retailers may only purchase tobacco products from a licensed dealer.
    Citation: 72 P.S. § 8202-A.1

  • Labeling and Packaging:
    It is unlawful to knowingly possess, sell, give, or transfer any tobacco product in packaging that has been modified or altered by anyone other than the original manufacturer. Modification includes applying stickers, writing, or marking over the original package information.
    Citation: 72 P.S. § 8233-A

4. Summary and Best Practices

  • License Per Location: Every vending machine location must be licensed individually with an approximate fee of $25 per site.
  • Retailer-Specific Licensing: Each vending machine dispensing nicotine products must have its own “vending machine retailer license.”
  • Strict Placement Requirements: Machines must be located in areas that restrict access to minors. Ensure implementation of age-verification systems or placement in adult-only venues.
  • Consult Statutory Sources: Detailed requirements can be found in Title 35 of the Pennsylvania Consolidated Statutes and in the Pennsylvania Code. Confirm the exact statutory language and numbering through the official state resources.
  • Local Ordinances: Verify with local municipalities for any additional requirements or restrictions.

5. References

 

Stay Informed for a Successful Business

 

Vape laws can change, so it's important to have the latest information. We recommend regularly checking Pennsylvania government resources for the most up-to-date regulations.

 

We Support Responsible Vape Businesses

 

By following these regulations, you can ensure a responsible and compliant vape vending machine operation in Pennsylvania. Contact us to discuss how our age-verification systems and compliant vending machine placements can help your Pennsylvania vape business gain a lucrative passive income source.

 

Disclaimer

 

This page is intended for informational purposes only and should not be considered legal advice. Please refer to official Pennsylvania government resources for the most current regulations.