New Jersey § 2a:170-51

§ 2a:170-51.

a. No person, either directly or indirectly by an agent or employee, or by a vending

machine owned by the person or located in the person's establishment, shall sell,

offer for sale, give, furnish, or distribute for commercial purpose at no cost or

minimal cost or with coupons or rebate offers, to any other person, liquid nicotine

in a liquid nicotine container, which is intended for use in a vapor product, unless

the liquid nicotine is sold, offered for sale, given, furnished, or distributed for

commercial purpose in a child-resistant container. As used in this section: (1) “ Child-resistant container ” means a container which is designed and constructed in a manner that meets the federal

effectiveness specifications set forth in 16 C.F.R. 1700.15 and the special packaging testing requirements set forth in 16 CFR 1700.20 , so that it is significantly difficult for a child five years of age or younger to

open the package or otherwise risk exposure to liquid nicotine. (2) “ Liquid nicotine ” means any solution containing nicotine which is designed or sold for use with an

electronic smoking device. (3) “ Liquid nicotine container ” means a bottle or other container of a liquid, wax, gel, or other substance containing

nicotine, where the liquid or other contained substance is sold, marketed, or intended

for use in a vapor product. “Liquid nicotine container” does not include a liquid or other substance containing

nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product,

provided that such cartridge is prefilled and sealed by the manufacturer, with the

seal remaining permanently intact through retail purchase and use; is only disposable

and is not refillable; and is not intended to be opened by the consumer. (4) “ Vapor product ” means any non-combustible product containing nicotine that employs a heating element,

power source, electronic circuit, or other electronic, chemical, or mechanical means,

regardless of shape or size, to produce vapor from nicotine in a solution or any form. “ Vapor product ” includes, but is not limited to, any electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe, or similar product or device, and any vapor cartridge

or other container of nicotine in a solution or other form that is intended to be

used with, or in, any such device. “Vapor product” does not include any product that is approved, and that is regulated

as a prescription drug delivery service, by the United States Food and Drug Administration

under Chapter V of the Food, Drug, and Cosmetic Act. b. A person who violates the provisions of subsection a. of this section shall be

liable to a civil penalty of not less than $250 for the first violation, not less

than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the “Penalty Enforcement Law of

1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health

codes, or a law enforcement officer having enforcement authority in that municipality,

may issue a summons for a violation of the provisions of subsection a. of this section,

and may serve and execute all process with respect to the enforcement of this section

consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by

and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation

occurred for the general uses of the municipality. c. In addition to the provisions of subsection b. of this section, upon the recommendation

of the municipality, following a hearing by the municipality, the Division of Taxation

in the Department of the Treasury may suspend or, after a second or subsequent violation

of the provisions of subsection a. of this section, revoke the license of a retail

dealer issued under section 202 of P.L.1948, c. 65(C.54:40A-4). The licensee shall be subject to administrative charges, based on a schedule issued

by the Director of the Division of Taxation, which may provide for a monetary penalty

in lieu of a suspension.