Electronic Smoking Device Retailer Registration Unit

Electronic Smoking Device Retailer Registration

Pursuant to Act 206, Session Laws of Hawai‘i 2018, codified as part XII of chapter 28, Hawai‘i Revised Statutes (HRS), as of July 1, 2018, an entity that engages in the retail sale of electronic smoking devices must register with the Electronic Smoking Device Retailer Registration Unit (ESD Unit) of the Hawai‘i Department of the Attorney General.

The Legislature has determined that registration of electronic smoking device retailers is necessary to protect the health, safety or welfare of consumers of electronic smoking devices.  Section 28-161, HRS.  Failure to timely register may subject violators to a civil penalty of $100 for each day the violation continues, plus the costs of any investigation conducted by the ESD Unit.  Section 28-168, HRS. 

Beginning November 1, 2018 retailers of electronic smoking devices and related products, which includes e-liquids, shall register with the ESD Unit.  No registration fee is being assessed for an entity that registers with the ESD Unit between November 1, 2018 and June 30, 2020.  Renewal of Registration Certificates that expire January 2, 2020 is currently underway.  Renewal information will be mailed to Certificate Holders prior to expiration of the Registration Certificates.  Retailers that wish to register or renew their registrations may do so by accessing the fillable PDF Registration Form via the link below.  Registration renewals and Certificates issued after December 5, 2019 will expire on June 30, 2022.

Print the registration form, sign pages 3 and 4, and mail the completed form to:

Hawai‘i Department of the Attorney General
Electronic Smoking Device Retailer Registration Unit
425 Queen Street
Honolulu, Hawai‘i 96813

Once approved, the ESD Unit will issue a Certificate for each place of business where the entity engages in the sale of electronic smoking devices.

Please note that the Electronic Smoking Device Retailer Registration requirement is separate and apart from the Retail Tobacco Permit requirement.  If you sell cigarettes or tobacco products, pursuant to section 245-2.5, HRS, you are required to obtain a Retail Tobacco Permit from the Department of Taxation.  Retailers selling cigarettes or tobacco products and electronic smoking devices are required to obtain a Retail Tobacco Permit and an electronic smoking device Registration Certificate.  If you sell e-liquids, but do not otherwise sell electronic smoking devices or cigarettes or tobacco products, you are still required to register with the ESD Unit.

Questions can be directed via email to [email protected] or via telephone at (808) 586-1203.

Links:

Registration Instructions – PDF

Registration Form – PDF

HRS Chapter 28 Part XII – PDF

List of Certificate Holders