WARNING: THIS PRODUCT CONTAINS NICOTINE. NICOTINE IS AN ADDICTIVE CHEMICAL.
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If you have been following vaping related news, you may have heard of the PACT Act and Vapor Mail restrictions that was passed as part of the December 2020 COVID relief bill. Due to the new regulations passed, we had to implement some new changes previously not seen on our website when attempting to order. Please read below how this affects you and a summary of the new legislation passed.
Price Point NY is still operating normally and is working in compliance with all new changes passed through by the legislation. We take pride in being able to provide our services to customers and do plan to continue doing so well into the future.
Table of Contents:
The new PACT Act now categorizes all vaping and vaping related products as combustible cigarettes. For this reason, they are now classified together with tobacco products and they will be governed under the same laws as tobacco products such as shipping and taxation.
A Summary of the PACT Act Changes:
ID Age Verification for Sales
Sales Restrictions based on Federal & State/Local Laws (e.g., flavor ban)
Shipping and Delivery Requirements
State and ATF sale reporting
First it is important to note that ALL VAPOR PRODUCT SHIPMENTS WILL REQUIRE AN ADULT SIGNATURE AND PROOF OF ID AT TIME OF DELIVERY. ADDITIONALLY, PACKAGES WILL BE MARKED AS HAVING TOBACCO PRODUCTS INSIDE THEM.
The United States Postal Service (USPS) will have until April 27, 2021 finalize rulings regarding their intended restrictions on vapor mail. After the USPS declares their ruling, they will no longer be accepting direct-to-consumer shipments and potentially business to business shipments.
Regarding UPS, FedEx, and DHL, all three have announced they will no longer accept shipments for vapor related products to, from, or within the United States. In the case of FedEx and DHL, they have already closed their services off. UPS will no longer accept shipments after April 5th. While the PACT Act likely had a role in this, the decisions ultimately come from within their respective companies and were not forced on them by Federal ruling.
Price Point NY has solutions in place for when the USPS decides to stop accepting vapor product shipments. We will be working with a new carrier that can handle package deliveries. While the new courier service will not able to deliver to the entire United States, they will have coverage of 70-80% of the region, with more coverage becoming available in the coming months.
Do note that all these changes to ship will come at a cost to the consumer and we will not longer be able to provide our usual shipping tier breakdowns. Please see the table below for our new estimated shipping rates with the new shipping provider.
| Order Subtotal (before tax) |
Shipping Cost |
|
Over $130 |
$4.99 |
|
$30–$130 |
$10.99 |
|
Under $30 |
$14.99 |
Below you will find a list of state-mandated excise taxes on vaping products. The following indicates the vape tax by state in which it applies.
California
California requires on e-liquids and tobacco-free nicotine products an excise tax that is equal to 56.93% of the wholesale price. Nicotine-free liquids are excluded from this tax. California Department of Tax and Fee Administration's regulation.
Connecticut
Connecticut has mandated an excise tax on any electronic cigarette product at a rate of either $0.40 per milliliter of liquid that is pre-filled (including disposables) or 10% of the wholesale price of any other electronic cigarette product. Connecticut's Department of Revenue Services statement.
Kentucky
Kentucky requires a tax of $1.50 per closed vapor cartridge/pod regardless of nicotine content. Additionally, open vaping system devices, liquid (regardless of nicotine content), components (excludes batteries when sold separately), and accessories must be taxed at 15% of the retail price. Kentucky Department of Revenue's site.
Maryland
Maryland requires an excise tax equal to 12% of the retail price on the following: open-system devices, components, accessories, and liquids over 5ml. The excise tax on vaping liquids sold in a container that contains 5ml or less of vaping liquid is 60% of the retail price. Batteries and battery chargers are not subject to the tax when sold separately. Maryland regulation link.
Nevada
Nevada requires that all e-cigarette products be taxed at a rate of 30% of the wholesale price. Nevada also requires a tax on tobacco-free nicotine products that is equal to 30% of the wholesale price. Nevada Department of Taxation's regulation.
New Jersey
New Jersey requires that liquid nicotine be taxed at a rate of $0.10 per fluid milliliter by volume, and a proportionate rate on all fractional parts of a fluid milliliter (except container e-liquid). Container e-liquid must be taxed at a rate of 10% of the listed retail sale price. New Jersey also requires a tax on tobacco-free nicotine products that is equal to 30% of the wholesale price. New Jersey Department of the Treasury's regulation.
New York
New York requires a 20% supplemental sales tax on all non-combustible liquids manufactured into a finished product for use in an electronic cigarette or similar vaping device. New York Department of Taxation and Finance's regulation.
Ohio
Ohio has mandated a tax of $0.01/0.1ml (or the equivalent of $0.10 per milliliter) for cartridges, pods, e-liquids, kits, and devices that contain nicotine. To learn more, please visit the Ohio Department of Taxation's website here.
Oregon
Oregon requires an excise tax equal to 65% of the wholesale price on devices, components (e.g., pods), and e-liquids (including nicotine-free liquids). This tax does not apply to chargers and straps. Oregon regulation listing.
Pennsylvania
Pennsylvania has mandated for all vapor products an excise tax that is equal to 40% of the wholesale price. Pennsylvania Department of Revenue's regulation.
Virginia
Virginia requires an excise tax of $0.066 per milliliter of nicotine in solution or other form intended for use in a nicotine vapor product. Virginia Department of Taxation's regulation.
Washington State
Washington State requires that bottles greater than 5 milliliters be taxed at a rate of $0.09 per milliliter. All other vapor products—including cartridges, pods, disposables, and starter kits containing liquid—must be taxed at a rate of $0.27 per milliliter. Washington State Department of Revenue's regulation.
West Virginia
West Virginia requires that e-cigarette liquid be taxed at a rate of $0.075 per milliliter or fraction thereof. West Virginia State Tax Department regulation.
Wisconsin
Wisconsin has mandated that vapor products—excluding bottles—be taxed at a rate of $0.05 per milliliter of liquid or other substance. Wisconsin Department of Revenue's site regulation.
Wyoming
Wyoming requires on all vapor products an excise tax that is equal to 15% of the wholesale purchase price. Wyoming regulation link.
Boulder, Colorado
The city of Boulder requires excise taxes of 40% on the retail price for all vaping products, including tobacco-free nicotine products. Check here for more details.
