North Dakota Statewide Rule

North Dakota Flavored Tobacco Sales Status

Few RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Flavor Ban: None statewide in North Dakota
Federal FDA Rules: Restrict some flavored vapes
Age Statute: NDCC 12.1-31-03
Retail Licensing: NDCC chapter 57-36
Local Authority: Limited, consistent with state law

Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

North Dakota does not ban flavored tobacco, menthol cigarettes, or flavored vapes. Retail sales are governed by NDCC 12.1-31-03 (age and access) and dealer licensing under NDCC chapter 57-36, plus federal FDA rules; no statewide flavor ban exists.

12.1-31-03.3. Sale of flavored e-liquid to minors prohibited - Penalty. 1. A person may not sell, offer for sale, or distribute in this state any flavored e-liquid or electronic smoking device containing flavored e-liquid to an individual under twenty-one years of age. 2. A person that violates subsection 1 and is not a manufacturer is subject to a fine of five hundred dollars for each individual package of flavored e-liquid product or electronic smoking device containing flavored e-liquid sold or offered for sale.

Source: North Dakota Legislative BranchView official code

Full Breakdown

North Dakota law does not prohibit the sale of flavored tobacco, menthol cigarettes, or flavored electronic smoking devices. Retail sales are governed by NDCC 12.1-31-03, which covers the age-21 requirement and access restrictions, and by tobacco dealer licensing under NDCC chapter 57-36, rather than flavor categories. Federal FDA rules restrict certain flavored cartridge-based e-cigarettes and apply in North Dakota. Local governments have only limited authority to add restrictions consistent with the statewide framework, and no major North Dakota city has adopted a flavor ban.

Violations & Penalties

Selling federally restricted flavored cartridge e-cigarettes can lead to FDA enforcement and loss of state retail licensing for repeat offenders. Violations of NDCC 51-01.5 licensing or age rules tied to flavored sales follow the standard tobacco penalty schedule. Local ordinances inconsistent with state law may be challenged as preempted.

Frequently Asked Questions

Are flavored vapes legal in North Dakota?

Yes, except where federal FDA rules restrict specific cartridge-based flavored e-cigarettes.

Can a city ban menthol cigarettes?

Local authority is limited. Any restriction must be consistent with state law and federal preemption principles.

Is there pending legislation on flavor bans?

No comprehensive statewide flavor ban has been adopted as of recent sessions; check the legislature for updates.

Sources

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