Businesses and Retailer Resources
Click here for a complete list of Tobacco Laws and Regulations
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
- 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.
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.
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.
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.
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.
Email completed form to [email protected]
or call (808) 586-4613 for assistance.
|Item letter||Item||How many?|
|(A) Under 21 No Sale Signage
4.5” x 8.5”
|(B) Under 21 No Sale Signage
5.5” x 8.5”
|(C) Smoking Prohibited By Law
5.75” x 8”
|(D) Smoking Prohibited By Law
5.5” x 8.5”
|(E) No Smoking
4” x 11”
4” x 11”
|(F) No Smoking
5” x 5”
5” x 5”
2.5” x 8”
Downloadable signs to print:
- We check ID gecko poster with laws – as pictured at top of page
- We check ID gecko sign
- Smoking prohibited by law including e-cigarettes poster English
- Smoking prohibited by law poster including e-cigarettes in Chinese, Japanese and Korean
- No self-service tobacco displays poster for retail
- No sale under 21 English, Chinese, Japanese and Korean
- Smoke free when keiki inside poster