Do vape shops have to check ID for anyone under 30?

What the federal rule says

The rule is part of FDA's regulations on selling tobacco products, at 21 CFR 1140.14. One paragraph covers cigarettes and smokeless tobacco, and a second covers what FDA calls covered tobacco products, which include e-cigarettes and e-liquids that contain nicotine. Both use the same words for the ID check:

(i) Except as otherwise provided in paragraph (a)(2)(ii) of this section and in § 1140.16(c)(2)(i), each retailer must verify by means of photographic identification containing the bearer's date of birth that no person purchasing the product is younger than 21 years of age; (ii) No such verification is required for any person over the age of 29;

Over the age of 29 means 30 or older, so the check applies to every buyer who is 29 or younger. The regulation says "must", which makes the check a requirement rather than a recommendation. FDA's own summary of the 2024 rule puts it the same way:

As outlined in the final rule, beginning Sept. 30, 2024, retailers must use a photo ID to verify the age of anyone under the age of 30 trying to purchase cigarettes, smokeless tobacco and covered tobacco products.

The federal text asks for photographic identification that shows the date of birth. It does not list which documents count.

21 CFR 1140.14, Additional responsibilities of retailers (eCFR)FDA, Tobacco 21

What changed in 2024

Congress raised the federal minimum age to buy tobacco products from 18 to 21 in a law signed on December 20, 2019, known as Tobacco 21. It took effect immediately and covers every tobacco product, including e-cigarettes.

The same law directed FDA to bring its regulations into line. FDA's final rule was published on August 30, 2024 and took effect on September 30, 2024. It raised the age in the regulations from 18 to 21 and the photo ID check from buyers under 27 to buyers under 30.

The rule also raised the age for vending machines. Vapes and other covered tobacco products may be sold through a vending machine only where the retailer ensures that no one under 21 is present or allowed in at any time. Cigarettes and smokeless tobacco may be sold from vending machines or self-service displays only under the same condition.

FDA final rule, 89 FR 70483, August 30, 2024 (Federal Register)FDA, Tobacco 2121 CFR 1140.16, Conditions of manufacture, sale, and distribution (eCFR)

Which products the ID check covers

The check applies to cigarettes, smokeless tobacco and covered tobacco products. FDA's final rule gives cigars, liquid nicotine, e-liquids and e-cigarettes containing nicotine, hookah tobacco and pipe tobacco as examples of covered products.

FDA's page for retailers names e-cigarettes, e-liquids, vape pens, e-hookahs, e-cigars, personal vaporizers and electronic pipes as electronic nicotine delivery systems and gives the same under-30 photo ID rule for them. The minimum age of 21 also covers products made with nicotine that does not come from tobacco.

FDA final rule, 89 FR 70483, August 30, 2024 (Federal Register)FDA, Selling Tobacco Products in Retail StoresFDA, Tobacco 21

State rules on top of the federal one

Federal law leaves states, local governments and tribes free to add tobacco and vape rules of their own, including stricter rules on who may buy. A store is subject to those as well as to the federal rule.

Some state rules reach the shop door itself, as Alabama's do for specialty vape shops. The Alabama ID scanning guide is one example of where to read a state's rules, and ID scanning laws by state has the guides for other states.

21 U.S.C. 387p, Preservation of State and local authority (govinfo)Ala. Code 28-11-7.1

How FDA checks retailers

FDA inspects tobacco retailers, in stores and online, to see whether they follow federal tobacco law, including the age rules. In an undercover buy inspection, the store does not know an inspection is taking place, and neither the inspector nor the underage purchaser identifies themselves.

FDA generally sends a warning letter the first time an inspection finds a violation, and can seek civil money penalties or a no-tobacco-sale order for repeat violations. Results go into FDA's searchable database of compliance check outcomes, which shows whether each inspected retailer received a warning letter, a civil money penalty or a no-tobacco-sale order, or had no observable violations.

FDA, Advisory and Enforcement Actions Against Industry for Selling Tobacco Products to Underage PurchasersFDA, Tobacco 21

Running the under-30 check at the counter

A counter routine for the under-30 check can cover four points:

1. 1

   Ask early

   Ask for ID before ringing up the sale, from anyone who could be under 30. Carding every customer takes the guesswork out of judging age.

2. 2

   Read the date of birth

   Work out the age on the day of the sale. A customer qualifies on or after their 21st birthday.

3. 3

   Match the photo

   Compare the photo with the person at the counter. A real ID that belongs to an older friend or sibling shows a genuine date of birth, so the photo match is what catches it.

4. 4

   No ID, no sale

   When a customer who could be under 30 has no photo ID, the routine can end the sale there. Writing that into the store's policy gives staff something to point to.

An ID scanner app takes the arithmetic out of the second step: it reads the date of birth from the ID and checks it against the store's minimum age. The photo match stays with staff, and how a scan works explains what the app checks and what it leaves to the person at the counter.