For Legislators

Missouri Law Separates Vapor Products From Tobacco

Missouri state law is clear: vapor products, tobacco, and nicotine alternatives are categorically different and must be regulated separately.  As each of these subjects produce entirely different health effects to both the consumer and those around them, this concept is common sense regulation.  For statutory reasons, vapor products must not be included in any political subdivision’s code of ordinances pertaining to “smoke free air” laws.  Instead the state  leaves the matter to business owners and localities to decide if they allow or disallow vapor products to be employed.

 

Missouri Law Section 407.925

 (11)  “Tobacco products”, any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco but does not include alternative nicotine products, or vapor products;

  (12)  “Vapor product”, any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.  Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.  Vapor product does not include any alternative nicotine product or tobacco product;

407.926 

3.  Alternative nicotine products and vapor products shall only be sold to persons eighteen years of age or older, shall be subject to local and state sales tax, but shall not be otherwise taxed or regulated as tobacco products.