Michigan Statewide Rule
Michigan Vape and E-Cigarette Retail Rules
Key Facts
- Sales To Under
- Sales to under 21 prohibited statewide
- Vape Products Covered
- Vape products covered under Youth Tobacco Act
- Age Verification Required
- Age verification required at point of sale
- Required Signage At
- Required signage at retail counters
- Federal Fda Rules
- Federal FDA rules also apply
Summary
Michigan regulates retail sale of vapor products and alternative nicotine products under the Youth Tobacco Act, MCL 722.641 and MCL 333.12601.
722.641 Selling, giving, or furnishing tobacco products, vapor products, or alternative nicotine products to minor prohibited; misdemeanor; penalty; sign required; copies of sign; affirmative defense; notice; rebuttal testimony; notice of rebuttal; exception; identity and age verification requirements. Sec. 1. (1) A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (8) is guilty of a misdemeanor punishable by a fine as follows: (a) For a first offense, not more than $100.00. (b) For a second offense, not more than $500.00. (c) For a third or subsequent offense, not more than $2,500.00. (2) A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the department of health and human services that includes the following statement: "The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties.".
Full Breakdown
Retailers selling vape products and e-cigarettes in Michigan must verify purchaser age, prohibit sales to anyone under 21, and post required signage. Michigan PA 18 of 2019 brought vape products under the Youth Tobacco Act framework. State law preempts local ordinances that would impose additional retail licensing or sales restrictions inconsistent with state rules. Retailers must also comply with federal FDA premarket authorization requirements for vapor products.
Violations & Penalties
Selling to minors is a misdemeanor with fines starting at $50 for a first offense and increasing for repeat violations; civil penalties also apply.
Frequently Asked Questions
What is the legal age to buy vape products in Michigan?
Can cities require additional vape retail licenses?
Sources
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