New York Statewide Rule
Vape and E-Cigarette Retail Rules in New York
Key Facts
- Registration required
- Tax Department
- Direct-ship ban
- PHL § 1399-ll
- Pharmacy sales
- Prohibited statewide
- Vapor tax
- 20% at retail
Summary
New York requires state retail registration for every tobacco and vapor product seller and bans online or mail-order shipment of vape products directly to consumers statewide.
§ 1183. Vapor products dealer registration and renewal. (a) Every person who intends to sell vapor products in this state must receive from the commissioner a certificate of registration prior to engaging in business. Such person must electronically submit a properly completed application for a certificate of registration for each location at which vapor products will be sold in this state, on a form prescribed by the commissioner, and shall be accompanied by a non-refundable application fee of three hundred dollars.
Full Breakdown
Public Health Law Article 13-F requires every retailer of tobacco, vapor, or liquid nicotine products to register with the Department of Taxation and Finance and post a Tax Department certificate. Public Health Law § 1399-ll prohibits common carriers and retailers from shipping vape products to anyone other than licensed dealers, ending direct-to-consumer delivery. Pharmacies are barred from selling tobacco and vapor products under Public Health Law § 1399-mm-2. The state also taxes vapor products at 20 percent at retail. Localities can add stricter zoning or licensing but cannot weaken these standards.
Violations & Penalties
Unregistered retail sales carry civil fines up to $300 per offense and risk loss of the tobacco retail registration; pharmacy violations may bring license discipline.
Frequently Asked Questions
Do I need a state license to sell vape products in New York?
Can a New York consumer order vape juice online from out of state?
Sources
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