Businesses and Retailer Resources

Act 122 Prohibits sales of tobacco products and e-cigarette to persons under 21 years of age

Click here for a complete list of Tobacco Laws and Regulations

NEW law affecting wholesalers, dealers, and retailers of electronic smoking devices (ESDs) including e-liquids.

The term “tobacco product” now includes ESDs (electronic smoking devices) and e-liquids. ESDs are commonly called e-cigs and vapes, and e-liquids are also known by the terms vape juice, or pods.
Wholesalers and dealers of ESDs and e-liquids are required to have a tobacco license from the Hawaii State Department of Taxation (DOTAX) and become a “licensee.”
- “Licensees” are required to file a monthly tax return to DOTAX and report monthly shipments to the Department of the Attorney General.
- ESDs and e-liquids are subject to an excise tax of 70% of the wholesale price of the item. Wholesalers and dealers are responsible for paying this excise tax.
Retailers of ESDs and e-liquids must obtain a retailer tobacco permit from DOTAX and become a “permittee.”
- Each retail location requires a separate retail tobacco permit.
Shipping of tobacco products, including ESDs and e-liquids, to a person or entity in Hawaii that does not hold a tobacco license issued by DOTAX is illegal and can result in criminal penalties for sellers violating the law.

For more information visit: Act 62 FAQ and §245, HRS.

E-cigarettes use is illegal in all places where smoking is prohibited including, but not limited to, [§328J-2,3,4,5 HRS]:

In any motor vehicle, whenever occupied by a person less than eighteen years of age;
Beaches and public parks in Honolulu County, Hawai’i County, Maui County, and Kauai’s Lydgate Park (the pavilion and Kamalani Playground);
All state parks [§184-4.5,HRS];
Enclosed or partially enclosed public places and places of employment, including buses and taxis, outdoor arenas, stadiums, and amphitheaters;
Facilities owned by the state or the counties;
Hawaii airports from cabin to curb;
Enclosed or partially enclosed common areas of any apartment or condominium (including but not limited to lobbies, elevators, hallways, etc.); and
20 feet from any entrances, exits or operable windows or ventilation intakes to partially enclosed or enclosed public places or places of employment.

Restaurants, bars, and businesses must comply with the law [§328J-9, HRS] by:

Posting a sign at each entrance;

- Signs must say “Smoking Prohibited by Law” with words at least one-inch high
- OR
- Display the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it

Prominently posting signs, keeping them properly displayed, maintained, and legible; and
Not allowing customers or workers to smoke or use electronic cigarettes (vapes) in the establishment or within 20 feet of entrances, exits, and ventilation intakes.

The Department of Health (DOH) highly recommends adding the words: “including e-cigarettes and all other electronic smoking devices” and the “No Smoking” symbol including a pictorial representation of an e-cigarette.

Click here for free and downloadable signs.

Business owners can establish their entire properties as smoke and electronic cigarette (vape) free.

[§328J-8, HRS] provides that owners, operators, managers, or other persons in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility or outdoor area or any part of it be smoke-free.

Definition [§328J-1, HRS]

“Electronic smoking device” means any product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette (vape), electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

Product Placement Laws [§328J-18, HRS]

Retailers must only sell cigarettes, smokeless tobacco, and all other tobacco products including electronic cigarettes (vapes) in a direct, face-to-face exchange between the retailer and consumer. It’s unlawful to sell any of these to a person under 21 years of age.

Here are examples of displays in compliance with the law. Customers must have contact with a salesperson before they can purchase a tobacco product.

: Small mom and pop retailer with tobacco products behind the counter.

: Larger retailer with tobacco products in a locked cabinet.

Tobacco product vending machines and self-service displays are unlawful.

Other ways to comply with the law are to:

Keep tobacco products behind or under the counter, or behind courtesy counters
Lock tobacco products in a cabinet or drawer

The law does not apply to:

Duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations;
Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen §328J-18(c,1,2) HRS.

Violations

A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined per [§328J-12, HRS].

Not more than $100 for a first violation;
Not more than $200 for a second violation within one year of the date of the first violation; and
Not more than $500 for each additional violation within one year of the date of the preceding violation.

A person who owns, manages, operates, or otherwise controls any place or facility may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.

Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.

Resources

The DOH provides the following free resources for order and by download. To place an order, cut and paste the form below into an email, complete, and email to the address on the form.

Download Order Form here

Order Form Email completed form to [email protected] or call (808) 586-4613 for assistance.
Contact name:
Email address:
Phone number:
Mailing address:
Physical address:
Item letter	Item	How many?
(A) Under 21 No Sale Signage	Sign 4.5” x 8.5”
(B) Under 21 No Sale Signage	Sign 5.5” x 8.5” multilingual
(C) Smoking Prohibited By Law	Sign 5.75” x 8”
(D) Smoking Prohibited By Law	Sign 5.5” x 8.5” multilingual
(E) No Smoking	Sticker 4” x 11”
(E) No Smoking	Static Stick 4” x 11”
(F) No Smoking	Sticker 5” x 5” Round
(F) No Smoking	Static Stick 5” x 5” Round
(G) Mahalo	Static Stick 2.5” x 8”