A disposable vaping device is one that:
- cannot be recharged and/or
- cannot be refilled by the user
- by filling the device with a vaping substance or
- by refilling the device by replacing a changeable pod, cartridge, or similar container
Pod-style vaping devices can still be sold. A pod style vaping device is where the device is refilled by swapping out a prefilled pod.
If the vaping device is not designed to be refilled by the user and/or recharged, it can’t be sold.
The Smokefree Environments and Regulated Products Act provides the following definition:
disposable vaping device means a vaping device that is not designed or intended to be reused, and includes a vaping device that—
- is not designed to be refilled by the user with a vaping substance or by using a pod, cartridge, or similar storage container; or
- is not designed to be recharged; or
- is described by both paragraphs (a) and (b)
Penalties
A person who sells, offers for sale, manufactures, supplies, or distributes a disposable vaping device, without a reasonable excuse, may be given an infringement fine of $2,000 and may be liable upon conviction to a fine of up to $400,000 in the case of a notifier or large retailer, or up to $50,000 for any other person.
