Electronic Smoking Device Retailer Registration Unit
Electronic Smoking Device Retailer Registration Unit
THIS UNIT IS CLOSED AS OF JULY 1, 2023 PURSUANT TO ACT 62 (2023)
NOTICE OF NEW LAW EFFECTIVE JULY 1, 2023
On June 6, 2023, Governor Josh Green signed into law Act 62, Session Laws of Hawaii 2023 (from Senate Bill 975, Relating to Health). The new law repeals Part XII of Chapter 28 of the Hawaii Revised Statutes, effectively ending the Electronic Smoking Device (ESD) Retailer Registration Unit (Unit) of the Department of the Attorney General on July 1, 2023. Due to the new law, any certificates of registration that the ESD Unit issued to ESD retailers, which were set to expire on June 30, 2024, expired one year earlier, on June 30, 2023. These certificates are no longer valid as of July 1, 2023.
Under the new law, retailers of ESDs and e-liquids will need to register for a retail tobacco permit with the Department of Taxation (DOTAX) by January 1, 2024. On June 22, 2023, DOTAX issued a revised tax announcement re: Act 62 (TA 2023-02). Please visit their website to view TA 2023-02: https://files.hawaii.gov/tax/news/announce/ann23-02_amended.pdf.
On October 27, 2023, DOTAX issued a tax information release re: Cigarette and Tobacco License and Permit Requirements under Chapter 245, Hawaii Revised Statutes. Please visit their website to view TIR No. 2023-02: https://files.hawaii.gov/tax/legal/tir/tir23-02.pdf.
Please visit the DOTAX website for more information.
As of July 1, 2023, the new law also sets forth new criminal offenses relating to the shipment of tobacco products, including ESDs and e-liquids, to non-licensees. The new law also impacts wholesalers or dealers of ESDs and e-liquids.
For more information about Act 62, please click the link below.
ACT 62: https://www.capitol.hawaii.gov/sessions/session2023/bills/GM1162_.pdf
During this transition period, questions can be directed via email to [email protected] or via telephone at (808) 586-1203.