How Do I Legally Ship Vapes?

If you’re an avid vaper, you may be wondering how to legally ship vapes. With the increasing popularity of e-cigarettes and vaping devices, many people are looking for convenient ways to purchase and ship their favorite products. However, it’s important to understand the laws and regulations surrounding the shipment of vapes to avoid any legal issues.

One of the most important things to keep in mind when shipping vapes is that different carriers have different rules and restrictions. For example, USPS, FedEx, and UPS have all announced that they will no longer ship electronic vaping devices and related components to homes starting in 2021. This means that if you’re looking to ship vapes, you’ll need to find a carrier that allows it and comply with their specific rules and regulations.

Additionally, it’s important to understand the legal requirements for shipping vapes. The Preventing All Cigarette Trafficking (PACT) Act was amended in March 2021 to include new regulations for the delivery and sales of electronic nicotine delivery systems (ENDS), which include e-cigarettes, vapes, flavored and smokeless tobacco. These regulations include age verification requirements, shipping restrictions, and record-keeping requirements for sellers. By understanding these regulations and complying with them, you can ensure that you’re legally shipping vapes and avoiding any potential legal issues.

Understanding Vape Shipping Laws

If you are planning to ship vapes, it is essential to understand the regulations surrounding it. The laws regarding the shipment of vapes are complex and vary from state to state. Therefore, it is crucial to be aware of both federal and state regulations to ensure you are shipping legally.

Federal Regulations

The federal government has strict regulations on the shipment of vapes. In December 2020, the Preventing Online Sales of E-Cigarettes to Children Act was signed into law. This act amended the PACT Act to include e-cigarettes, “vapes,” and other electronic nicotine delivery systems (ENDS).

As per the PACT Act, any person or business that sells, transfers, or ships for profit any ENDS in interstate or foreign commerce is required to:

• Register with the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives)
• Verify the age and identity of the purchaser
• Use a shipping carrier that verifies the age and identity of the recipient upon delivery
• Label the package as containing tobacco products
• Pay all applicable taxes

Furthermore, the PACT Act also prohibits the shipment of ENDS via the United States Postal Service (USPS). Therefore, you cannot ship vapes through USPS.

State Regulations

In addition to federal regulations, each state has its own laws regarding the shipment of vapes. Some states have banned the shipment of vapes altogether, while others have specific requirements that must be met.

For example, California law requires that all vapor products be shipped with an adult signature confirmation. Similarly, the state of Washington requires that all vapor products be shipped with a warning label.

It is essential to research the specific laws and regulations in the state you are shipping to and ensure you are compliant with them.

In conclusion, shipping vapes legally can be a complex process. It is crucial to be aware of both federal and state regulations and ensure you are compliant with them. By doing so, you can avoid any legal issues and ensure the safe and legal shipment of vapes.

Requirements for Legally Shipping Vapes

If you want to ship vapes legally, you need to comply with certain requirements. Here are some of the most important ones:

Age Verification

You must verify the age of your customers before shipping any vape-related products to them. You can do this by using an age verification service or by requiring customers to upload a photo ID during the checkout process. Make sure you keep records of age verification for every order you process.

Packaging Guidelines

When shipping vapes, you need to use packaging that meets certain guidelines. The packaging must be leak-proof, tamper-evident, and child-resistant. You can use bubble wrap, packing peanuts, or other materials to protect the products during shipping. Make sure you label the package as containing “Electronic Nicotine Delivery Systems” or “ENDS” to comply with new regulations.

Labeling Requirements

You must label your vape-related products correctly to comply with regulations. The label must include the following information:

• The name and address of the manufacturer, packer, or distributor
• The net weight or volume of the product
• The nicotine content of the product
• A warning statement that the product contains nicotine and is intended for use by adults only
• A list of ingredients

Make sure you follow these requirements to ensure that you are shipping vapes legally. If you have any questions or concerns, consult with a lawyer or regulatory expert.

Choosing a Shipping Carrier

When it comes to shipping vapes, it’s important to choose a carrier that complies with federal and state laws and regulations. Not all carriers allow the shipment of vapes, so it’s crucial to do your research before selecting a carrier.

Here are the policies of three popular shipping carriers:

USPS Policies

As of October 2021, the United States Postal Service (USPS) prohibits the shipment of vapes and e-cigarettes through its network. Therefore, you cannot send vapes through USPS.

UPS Policies

UPS allows the shipment of tobacco products, including vapes, but only if the sender complies with the provisions set forth in an approved UPS agreement for the transportation of tobacco products. This means that the shipper must sign, agree to, and comply with the regulations.

FedEx Policies

FedEx does not allow the shipment of e-cigarettes or vaping products. They have classified vaping products as prohibited items.

It’s worth noting that some regional carriers may allow the shipment of vapes. For example, ShipStation has partnered with GLS (US), Better Trucks, and LSO to ship vape products to consumers. However, it’s important to verify that the carrier complies with all applicable laws and regulations.

When selecting a carrier, it’s also important to consider the cost, delivery time, and reliability of the carrier. Some carriers may offer faster delivery times but at a higher cost, while others may be more affordable but have longer delivery times.

Overall, it’s important to choose a carrier that complies with all laws and regulations and meets your shipping needs.

International Shipping

When shipping vapes internationally, there are two main factors to consider: customs regulations and international carrier policies. Make sure to research these factors before attempting to ship your products.

Customs Regulations

Different countries have different regulations regarding the import and export of vapes and vape-related products. Some countries may prohibit the import of certain types of vapes or vape liquids, while others may require specific labeling or packaging requirements.

To avoid any issues with customs, it’s important to research the regulations of the specific country you plan to ship to. You can usually find this information on the country’s customs website or by contacting the customs agency directly.

International Carrier Policies

In addition to customs regulations, international carriers also have their own policies regarding the shipment of vapes and vape-related products. Some carriers may prohibit the shipment of these products entirely, while others may have specific packaging or labeling requirements.

Before choosing an international carrier, make sure to research their policies regarding vapes and vape-related products. This information can usually be found on the carrier’s website or by contacting their customer service department.

Overall, shipping vapes internationally can be a complex process due to customs regulations and carrier policies. However, by doing your research and choosing a carrier that allows the shipment of these products, you can successfully ship your vapes to customers around the world.

Insurance and Liability

When shipping vapes, it is important to consider insurance and liability. While it is not required by law to have insurance, it is highly recommended to protect your business from potential losses due to damage, loss, or theft of your packages.

Most shipping carriers offer insurance options for your packages, which can be added to your shipping label at an additional cost. The cost of insurance will depend on the value of the package and the level of coverage you choose. Be sure to read the carrier’s terms and conditions carefully to understand what is covered and what is not.

In addition to insurance, it is also important to consider liability. As a shipper, you are responsible for ensuring that your packages are properly packed and labeled. Failure to do so could result in damage or injury to the recipient, which could lead to legal action against your business.

To reduce your liability, be sure to properly pack your vapes and label them according to the carrier’s guidelines. Use sturdy packaging materials and ensure that the contents are secure to prevent damage during transit. Label the package with the correct shipping address and any necessary warning labels, such as “fragile” or “flammable”.

By taking these steps, you can help protect your business from potential losses and legal action.

Record Keeping

When shipping vapes, it is important to keep accurate records of your sales and shipments. This is not only a legal requirement but also helps you keep track of your inventory and sales.

The PACT Act requires all sellers of electronic nicotine delivery systems (ENDS) to maintain records of their sales for at least four years. These records must include the name and address of the purchaser, the date of sale, the quantity and type of product sold, and the method of shipping.

In addition to keeping records of your sales, it is also important to keep track of your shipments. This includes tracking numbers, delivery confirmation, and any other relevant information related to the shipment. This information can be used to verify that the shipment was delivered to the correct address and to resolve any disputes with customers.

To make record keeping easier, consider using a software program or online service to manage your sales and shipments. These tools can help you keep track of your inventory, generate invoices, and manage customer information. Some popular options include ShipStation, Orderhive, and ShipBob.

Remember, accurate record keeping is essential for complying with the PACT Act and other regulations related to shipping vapes. By keeping detailed records of your sales and shipments, you can protect your business and ensure that you are operating legally and ethically.