Vape vending machines are gaining popularity as a convenient way to distribute vape products, but potential operators often wonder if they are legal. Lots of material is out there, but it is important to not rely on opinions and consult with an attorney or read actual statutes and material published by regulatory authorities. After doing so, the answer is not yes or no…. The answer is complex: Vape vending machines are legal in many areas but are subject to strict Federal, State, and Local regulations to ensure compliance, particularly around age verification and product accessibility. Here's a breakdown of the legal landscape surrounding vape vending machines in the United States and the sale of nicotine-containing products in unattended smart kiosks.
Federal Regulations for Vape Vending Machines
At the federal level, vape vending machines fall under the jurisdiction of the Family Smoking Prevention and Tobacco Control Act and related FDA regulations. These laws classify e-cigarettes and vape products as tobacco products, making them subject to rules aimed at preventing underage sales. Specifically, federal law prohibits the sale of tobacco and vape products to anyone under 21.
Under federal law, specific restrictions apply to selling tobacco products, including nicotine items, via vending machines to prevent youth access. The Family Smoking Prevention and Tobacco Control Act, managed by the FDA, mandates that cigarettes, smokeless tobacco, and similar products cannot be sold in vending machines in any establishment where people under 21 might be present.
In practice, this means these vending machines can only be set up in locations restricted to adults over 21. Retailers must also check IDs for customers under 30 to verify age.
Additionally, state and local governments may have stricter rules than federal regulations, so retailers need to comply with both sets of rules to ensure they meet all legal standards .
How do I legally operate vending machines that sell Disposable Vapes and meet Federal Guidelines?
Unattended vending machines and kiosks must be placed in adult-only establishments or incorporate age verification technology to prevent youth access. VapeTM partnered with Apt-Pay to develop robust age verifying solutions to act as a gatekeeper and ensure that only 21 and over individuals can make legal purchases .
State Regulations and Variability - Most States Have Laws Around The Placement—Not the Solution!
State laws play a significant role in determining where and how vape vending machines can operate. Regulations vary widely, with some states banning vape vending machines entirely, while others permit them with certain restrictions:
- States with Full or Partial Bans: Some states, like Utah and New Jersey, have implemented bans on vape vending machines in public spaces, especially in areas where minors may have access. Other states may allow machines only in adult-only venues, such as bars or vape shops, to minimize the risk of underage purchases.
- Age Verification Requirements: Many states require vending machines to have built-in age verification systems, even if the machine is located in an adult-only establishment. This additional layer of security helps ensure compliance with state laws.
- Taxation and Licensing: States also impose excise taxes on vape products, and vending machine operators are typically responsible for collecting and remitting these taxes. Additionally, states may require operators to obtain special licenses for selling vape products, similar to licenses for selling tobacco.
Local Regulations and Compliance
Local regulations add another layer of complexity. Cities and counties may have their own restrictions on vape vending machines, influenced by public health concerns or local ordinances:
- Placement Restrictions: Many localities restrict vape vending machines to adult-only areas, and some even require operators to apply for specific permits to place machines in public spaces. Cities may also restrict machines to certain zones, limiting where they can be located.
- Flavor Restrictions: Due to health concerns around youth vaping, some municipalities have banned flavored vape products. If a vending machine sells flavored vapes, operators should verify that local ordinances allow them.
Key Compliance Factors for Vape Vending Machines
For operators interested in setting up vape vending machines, staying compliant with federal, state, and local regulations is essential:
- Ensure Age Verification: Every vape vending machine should have age verification technology, regardless of its location. Options include ID scanning, facial recognition, or QR code-based verification to meet legal standards.
- Stay Informed on Tax and Licensing Requirements: Understanding and adhering to excise tax rates, along with obtaining the necessary licenses, is crucial for legal operation.
- Monitor Changing Laws: Vape vending regulations can change frequently at all levels of government. Regularly reviewing updates in local, state, and federal law ensures ongoing compliance.
Conclusion
While vape vending machines are legal in many parts of the United States, they operate under a complex framework of federal, state, and local regulations. By implementing robust age verification systems, adhering to excise tax laws, and securing the necessary permits, operators can legally and responsibly run vape vending machines. As these regulations continue to evolve, staying informed is essential for compliance and successful operation in this emerging industry.