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Minnesota

               

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

In 2014, the Minnesota Indoor Clean Air Act was amended to include e-cigarette restrictions in schools, universities, daycare and healthcare facilities, and in public buildings. We recommend checking with local government to verify any further restrictions on electronic cigarette use in specific areas. It is assumed that ‘No Smoking’ signs placed in any of these areas also apply to e-cigarettes.

There are a number of e-cigarette stores to be found throughout Minnesota, with the majority found in and around the Minneapolis area, and a smaller number also to be found throughout other areas of the state.

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All Laws & Regulations

Electronic delivery device means “any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.” Minn. Stat. Ann. § 609.685(1)(c) (2017)

Tax of 95% of wholesale price imposed on tobacco products, including e-cigarettes: Minn. Stat. Ann. § 297F.05(3) (2017); Minn. Dep’t of Revenue Notice #12-10

Liquids intended for human consumption and use in an electronic delivery device (whether they contain nicotine or not) must be sold in child resistant packaging: Minn. Stat. Ann. § 461.20(b) (2017)

Sale/distribution of electronic delivery devices prohibited to persons under age 18: Minn. Stat. § 609.685(1a),(2) (2017);

Purchase/possession/use of electronic delivery device by person under age 18 prohibited: Minn. Stat. § 609.685(2)(b), (3) (2017)

Sale of electronic delivery devices from a moveable place of business (kiosk) prohibited: Minn. Stat. § 461.21 (2017)

Self-service displays of electronic delivery devices restricted to adult-only, tobacco-only businesses; vending machines restricted to locations inaccessible to persons under age 18: Minn. Stat. § 461.18 (2017)

A town board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices: Minn. Stat. § 461.12(1) (2017)

Use of electronic delivery devices prohibited in day care and health facilities, and government owned or operated buildings: Minn. Stat. § 144.414 (2017)

Use of electronic delivery devices prohibited in public and charter schools and any facility or vehicle owned, rented or leased by a school district: Minn. Stat. § 144.4165 (2017)

Licensees (cosmetologists, estheticians and nail technicians) must not eat or smoke, including electronic cigarettes, while performing any services: Minn. R. 2105.0375 (7)(K) (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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