It is a criminal offense to sell tobacco products or electronic smoking devices in the State of Idaho without a tobacco permit. In order to legally sell any substance containing, made of, or derived from tobacco or nicotine; or electronic smoking devices, components, parts, or accessories to the public in Idaho, retailers must have an Idaho tobacco permit, issued by the Department of Health and Welfare's Idaho Tobacco Project. Tobacco permits are issued free of charge and must be secured before beginning the sale of tobacco products or electronic smoking devices to the public. All tobacco permits expire on December 31 of each calendar year and must be renewed annually.
Vape/electronic smoking device retailers are required to get a tobacco permit, starting July 1, 2020
Because of a change in Idaho Code that will take effect July 1, retailers including vape shops who sell nicotine, tobacco, or electronic smoking device products will now be required to obtain a permit to legally sell them in the state of Idaho.
The Idaho Legislature has updated Section 39-5700. It is now called the Prevention of Minors’ Access to Tobacco Products and Electronic Smoking Devices Act. The new code requirements go into effect on July 1, 2020.
The changes expanded the type of products that will now fall under this statute. Retailers who sell any substance containing, made of, or derived from tobacco or nicotine; or electronic smoking devices, components, parts, or accessories will be required to obtain a permit to legally sell these products in the state of Idaho.
All products that fall under the updated definition will be enforceable through inspections, citations, and fines for non-compliance.
There are some product exceptions; for example, products authorized for sale by the Food and Drug Administration’s (FDA) Food, Drug, and Cosmetic Act as drugs, devices, or combinations of products are exempt from enforcement under the code. In other words, products that have been reviewed and determined by the FDA to be intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease (such as smoking cessation) are not subject to enforcement under this law.