14-401.18A. Sale of certain e-liquid containers prohibited.
(a) The following definitions apply in this section:
(1) Child-resistant packaging. - Packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
(2) E-liquid. - A liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using a vapor product.
(3) E-liquid container. - A bottle or other container of e-liquid. The term does not include a container holding liquid that is intended for use in a vapor product if the container is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer.
(4) Vapor product. - Any noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid solution contained in a vapor cartridge. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe.
(b) It shall be unlawful for any person, firm, or corporation to sell, offer for sale, or introduce into commerce in this State an e-liquid container unless the container constitutes child-resistant packaging. Any person who violates this section is guilty of a Class A1 misdemeanor.
(c) It shall be unlawful for any person, firm, or corporation to sell, offer for sale, or introduce into commerce in this State an e-liquid container for an e-liquid product containing nicotine unless the packaging for the e-liquid product states that the product contains nicotine. Any person who violates this section is guilty of a Class A1 misdemeanor.
(d) Any person, firm, or corporation that violates the provisions of this section shall be liable in damages to any person injured as a result of the violation. (2015-141, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 52 - Miscellaneous Police Regulations.
§ 14-381 - Desecration of State and United States flag.
§ 14-382 - Pollution of water on lands used for dairy purposes.
§ 14-383 - Cutting timber on town watershed without disposing of boughs and debris; misdemeanor.
§ 14-384 - Injuring notices and advertisements.
§ 14-385 - Defacing or destroying public notices and advertisements.
§ 14-391 - Usurious loans on household and kitchen furniture or assignment of wages.
§ 14-394 - Anonymous or threatening letters, mailing or transmitting.
§ 14-395 - Commercialization of American Legion emblem; wearing by nonmembers.
§ 14-395.1 - Sexual harassment.
§ 14-398 - Theft or destruction of property of public libraries, museums, etc.
§ 14-399.2 - Certain plastic yoke and ring type holding devices prohibited.
§ 14-400 - Tattooing; body piercing prohibited.
§ 14-401 - Putting poisonous foodstuffs, antifreeze, etc., in certain public places, prohibited.
§ 14-401.1 - Misdemeanor to tamper with examination questions.
§ 14-401.2 - Misdemeanor for detective to collect claims, accounts, etc.
§ 14-401.3 - Inscription on gravestone or monument charging commission of crime.
§ 14-401.6 - Unlawful to possess, etc., tear gas except for certain purposes.
§ 14-401.9 - Parking vehicle in private parking space without permission.
§ 14-401.11 - Distribution of certain food or beverage prohibited.
§ 14-401.12 - Soliciting charitable contributions by telephone.
§ 14-401.13 - Failure to give right to cancel in off-premises sales.
§ 14-401.14 - Ethnic intimidation; teaching any technique to be used for ethnic intimidation.
§ 14-401.15 - Telephone sales recovery services.
§ 14-401.16 - Contaminate food or drink to render one mentally incapacitated or physically helpless.
§ 14-401.17 - Unlawful removal or destruction of electronic dog collars.
§ 14-401.18 - Sale of certain packages of cigarettes prohibited.
§ 14-401.18A - Sale of certain e-liquid containers prohibited.
§ 14-401.19 - Filing false security agreements.
§ 14-401.20 - Defrauding drug and alcohol screening tests; penalty.
§ 14-401.21 - Practicing "rebirthing technique"; penalty.
§ 14-401.22 - Concealment of death; disturbing human remains; dismembering human remains.
§ 14-401.23 - Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
§ 14-401.24 - Unlawful possession and use of unmanned aircraft systems.
§ 14-401.25 - Unlawful distribution of images.
§ 14-401.26 - TNC driver failure to display license plate information.
§ 14-401.27 - Impersonation of a transportation network company driver.