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Pennsylvania LAWS & TAXES
- Pennsylvania’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): Philadelphia (Includes outdoor spaces) and Alleghany County.1
- A license or permit is required to sell vapor products.2
- Philadelphia restricts non-tobacco flavored and high nicotine vapor products to adults-only stores. This requirement could cause many out-of-state online retailers to refuse to ship to the state.4
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Pennsylvania passed Tobacco/Vapor 21 in November 2019, which will take effect July 2020.
A minor is guilty of a summary offense if the minor purchases or attempts to purchase a tobacco or vapor product.5
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. Philadelphia restricts sale of flavored vapor products and nicotine levels over 20 mg/mL to adults-only stores.
- Vapor products are taxed at a rate of 40% of the purchase price, paid by the retailer.3
- The tax on smoke-free tobacco is 55¢ per ounce, with a minimum tax per package of 66¢.3
- Wikipedia – List of vaping bans in the United States
- Purdon’s Pennsylvania Statutes and Consolidated Statutes – Title 72 P.S. Taxation and Fiscal Affairs – Chapter 5. Tax Reform Code of 1971 – Article XII-a. Tobacco Products Tax
- Pennsylvania Department of Revenue – Other Tobacco Products Tax
- Mayor Kenney Signs 3 Bills to Restrict Sale of Vaping and Tobacco Products
- § 6305. (a.1) Purchase of Tobacco Products
Updated February 2023