North Dakota’s e-cigarette law - took effect on Saturday, August 1, 2015.
The law prohibits the sale of electronic smoking devices and alternative nicotine products to minors, and requires child-resistant packaging for liquid nicotine containers. The law also requires that all tobacco products, including electronic smoking devices and alternative nicotine products, are sold with the assistance of a clerk, meaning that these products can no longer be sold in self-service displays.
HB1186 is a response to concerns by North Dakota citizens over possible health consequences of electronic smoking devices and their potential to attract young users, along with an increase in calls to poison control centers for nicotine poisoning from liquid nicotine juices.
The following checklist outlines the conditions for compliance with the new law, according to NDCC 12.1-31-03.2, 12.1-31-03, 12.1-31-03.1, subsection 19 of section 27-20-02, and section 51-32-01.
- Assure that nicotine liquid containers meet the standards for child-resistant packaging in title 16, CFR, PART 1700, SECTION 15(B) (1), when tested in accordance with the method described in title 16, CFR, PART 1700, SECTION 20.
- No sales of electronic smoking devices, liquid nicotine, or alternative nicotine products to minors.
- Doing so carries the same penalty for selling tobacco to minors under North Dakota’s existing tobacco control laws, NDCC 12.1-31-03.
- Discontinue the use of self-service displays for all tobacco products, electronic smoking devices, and alternative nicotine products where it is prohibited by law.
- The self-service requirement does not apply to:
- vending machines located in an area in which minors are not permitted.
- devices that require a salesperson to control the dispensation.
- self-service displays located in a tobacco specialty store.
“One way retailers can comply with the law is to place all tobacco products for sale, including electronic smoking devices and liquid nicotine juices, behind the checkout counter.”
President of the Petroleum Marketers Association