Vapor Taxes - RI
Rhode Island - No excise Tax
Rhode Island VAPOR PRODUCTS FLAVOR RESTRICTIONS:
Rhode Island prohibits the sale of all flavored vapor products (including menthol) except tobacco flavor and flavorless [with or without nicotine].
Liquids Prohibited: E-Liquid with characterizing flavors other than Tobacco or Flavorless, with or without nicotine.
Hardware not prohibited: Devices, components, parts or accessories purchases are allowed unless device has flavored e-liquid in it. (ECBlend does not sell pre-filled devices online.)
As of this printing: FLAVOR RESTRICTIONS / PROHIBITION in place
https://rules.sos.ri.gov/regulations/part/216-50-15-6 (Underlines are by ECBlend)
6.10 Prohibition on the Sale of Flavored Electronic Nicotine-Delivery System Products
A. The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the State of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators registered with the Rhode Island Department of Business Regulations--Office of Cannabis Regulation under R.I. Gen. Laws Chapter 21-28.6 are exempt from this provision.
B. Dealers must self-certify, at the time of initial application and every renewal application under this Part, that none of the electronic nicotine-delivery system products they sell, or offer for sale, or possess with intent to sell or offer for sale to consumers in Rhode Island are flavored electronic nicotine-delivery system products.
C. A public statement or claim or disseminated by a dealer or distributor of an electronic nicotine-delivery system product, or by any person authorized or permitted by the dealer or distributor to make or disseminate public statements concerning such electronic nicotine-delivery system product, that such electronic nicotine-delivery system product imparts a characterizing flavor shall constitute presumptive evidence that the electronic nicotine-delivery system product is a flavored electronic nicotine-delivery system product
A MESSAGE FROM CASAA - Rhode Island - End a flavor ban
H 5548/S 920 would repeal former Governor Gina Raimondo’s ban on sales of flavored vapor products, which has remained in place despite the resolution of the health scare prompting it.
H 5548 received a favorable committee hearing, this week, and needs to move to a vote on the floor of the House. In order to get this done, HHS Committee Chair, Representative Steven Casey needs to move the bill for a vote.
CASAA Supports H 5548 and S 920 with recommendations for future, corrective legislation regarding certain aspects of how Rhode Island currently regulates tobacco and nicotine products. Specifically, CASAA is opposed to criminalizing purchase, use, and possession of tobacco and nicotine products. We are also expressing concerns about the prohibition on the use of certain flavor descriptors. CASAA encourages our members to support H 5548/S 920 and repeal the deadly flavor ban enacted by the previous administration.
"Tobacco product(s)" means any product containing tobacco, including bidi cigarettes, as defined in subdivision (1) of this section, which can be used for, but whose use is not limited to, smoking, sniffing, chewing or spitting of the product. (R.I. Gen. Laws § 11-9-13.4 Current through Act Chapter 14 of the 2021 Legislative Session)
Electronic nicotine-delivery system means “an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of such device.” 11 R.I. Gen. Laws Ann. § 11-9-13.4(15) (2021); 23 R.I. Gen. Laws Ann. § 23-20.10-2(4) (2021)
Liquid nicotine container means (11 R.I. Gen. Laws. Ann. § 11-9-13.20(c) (2021))
(c) For the purposes of this section, "liquid nicotine container" means a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product.
A "liquid nicotine container" does not include a liquid or other substance in a cartridge that is sold, marketed, or intended for use in a vapor product, provided that such cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
Wherever used in this Part the following terms shall be construed as follows:
1. “Act” means R.I. Gen Laws §§ 23-1-55 through 23-1-58.
2. "Characterizing flavor" means a distinguishable taste or aroma imparted either prior to, or during, consumption of an electronic nicotine-delivery system product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice. The determination of whether an electronic nicotine-delivery system product has a characterizing flavor shall not be based solely on the use of additives, flavorings, or particular ingredients, but shall instead consider all aspects of a final product including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. A flavor shall be presumed to be a characterizing flavor if a dealer or distributor has made a statement or claim directed to consumers or the public about such flavor, whether expressed or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco).
3. "Dealer" means any person, whether located within or outside of the State of Rhode Island, who sells or distributes electronic nicotine-delivery system products to a consumer in the State of Rhode Island.
4. “Department” means the Rhode Island Department of Health.
5. "Director" means the Director of the Department or his or her designee.
6. "Distributor" means any person:
a. Whether located within or outside of the State of Rhode Island, other than a dealer, who sells or distributes electronic nicotine-delivery system products within or into the State of Rhode Island. Such term shall not include any electronic nicotine-delivery system products manufacturer, export warehouse proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine-delivery system products in the State of Rhode Island only to licensed distributors, or to an export warehouse proprietor or another manufacturer with a valid permit;
b. Selling electronic nicotine-delivery system products directly to consumers in the State of Rhode Island by means of at least twenty-five (25) electronic nicotine-delivery system product vending machines;
c. Engaged in the State of Rhode Island in the business of manufacturing electronic nicotine-delivery system products or any person engaged in the business of selling electronic nicotine-delivery system products to dealers, or to other persons, for the purpose of resale only; provided that seventy-five percent (75%) of all electronic nicotine-delivery system products sold by that person in the State of Rhode Island are sold to dealers or other persons for resale and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale; or
d. Maintaining one or more regular places of business in the State of Rhode Island for that purpose; provided, that seventy-five percent (75%) of the sold electronic nicotine delivery system products are purchased directly from the manufacturer and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale.
7. "Electronic nicotine-delivery system" is defined by R.I. Gen. Laws § 11-9-13.4.
8. "Flavored electronic nicotine-delivery system” means any electronic nicotine-delivery system that imparts a characterizing flavor.