Bergenfield, NJ Tobacco & Vaping: Flavored Tobacco Bans (2026)

Section 344-26J of the Bergenfield Sanitary Code, added to Chapter 344's retail food and public health licensing article, regulates the sale of vapor products. It defines 'characterizing flavor' broadly as 'a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring,' whether that flavor comes through in the product itself or in how it's advertised or marketed. Subsection J(2)(b) then bans the practice outright: no person may sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, give, or furnish to a person any vapor product that has a characterizing flavor.

The same subsection requires face-to-face sales only, bans self-service vapor displays, and requires every vapor product to sit behind a service counter out of customer reach. Retailers must verify a buyer is 21 or older with government-issued photo ID before any sale, and every employee who sells vapor products must first read the Borough's vapor ordinance and state law and sign a statement confirming it, kept on file for inspection. Selling vapor products at all requires a separate retail vapor product license from the Health Department, distinct from any food license, at an annual fee of $400, expiring every May 31 with renewal due by June 1; a license renewed after June 15 draws a $100 penalty for each 30-day period the renewal is late.

The Health Officer or an authorized agent, including a Bergenfield police officer, may inspect any vapor retailer during business hours as often as needed to check compliance.