Lea Kahn, Staff Writer
Stores that sell electronic cigarettes and other “vaping” devices will now be licensed, under an ordinance approved by Pennington Borough Council this week.
The new licensing law, which aims to keep those devices out of the hands of young people, will help Pennington Borough officials keep tabs on the stores in the borough that sell them.
A new state law took effect last month that raised the minimum age to buy tobacco and related products, such as e-cigarettes, from 19 years old to 21 years old. Would-be purchasers must show a photo ID that lists their date of birth.
Pennington Borough’s newly adopted ordinance defines “nicotine delivery products” as anything that is designed to deliver nicotine or vapor, including e-cigarettes and other types of electronic smoking devices.
Electronic smoking devices are defined as electronic cigarettes, cigars, cigarillos and pipes, and the liquids and powders associated with them. The devices can be used to deliver nicotine or other substances to the person inhaling from them.
Nicotine patches and nicotine chewing gum that have been approved by the U.S. Food and Drug Administration are exempt.
The ordinance requires a store employee to sell nicotine delivery products or electronic smoking devices in a face-to-face transaction. Self-service displays and vending machines are banned.
Under the new ordinance, a merchant must get a license to sell e-cigarettes and related devices from the Health Department. The annual licensing fee is $600, and the license is issued to a specific store.
The penalty for selling or providing tobacco products or electronic smoking devices to persons under 21 years old is $250 for the first offense. The fine is $500 for the second violation, and $1,000 for the third and subsequent violations.