Vape/electronic smoking device retailers are required to get a tobacco permit, starting July 1

Niki Forbing-Orr

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 Section39-5700. 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.

There are three ways for retailers to apply for a permit, which must be renewed annually:

  1. Visit and fill out the online application.
  2. Submit a written request to the Idaho Tobacco Project to receive an application packet: Department of Health and Welfare, P.O. Box 83720, 3rd Floor, Boise, ID83720-0036.
  3. Call 877.641.4468 and request a tobacco permit.

Retailers such as vape shops who do not sell tobacco products (cigarettes, cigars, chewing tobacco, etc.) should choose “other” as their vendor type when applying for their permit.

Please visit the Idaho Tobacco Project webpage or call 877.641.4468 with questions.