the state of
Wisconsin
State Legislative Info
GOVERNOR
Tony Evers
Office of the Governor
PO Box 7863
Madison, WI 53707
Phone: (608) 266-1212
THE SENATE
Acting Senate Chief Clerk
Linsay Hale
P.O. Box 7882
Madison, WI 53707-7882
Phone: (608)266-2517
THE ASSEMBLY
Assembly Chief Clerk
Edward A. Blazel
17 West Main Street
Room 401
Madison, WI 53703
Phone: (608) 266-1501
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Wisconsin CALLS TO ACTION
Wisconsin LAWS & TAXES
laws
- The sale and/or distribution of nicotine products to persons under age 18 is prohibited.1
- The purchase and/or possession of nicotine products by persons under age 18 and purchase for persons under 18 is prohibited.2
- Vaping is prohibited at indoor facilities of State Fair and at main stage area.3
- Wisconsin’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants or vape/tobacco shops): Appleton, Ashwaubenon, Baraboo, Bayside, Beaver Dam, Beloit, Cudahy, Dane County, Eau Claire, Ellsworth, Florence County, Fond du Lac, Fox Point, Franklin, Glendale, Grand Chute, Greenfield, Hales Corners, Janesville, Jefferson County, Kenosha, La Crosse County, Madison, Marshfield, Middleton, Milwaukee, Neenah, Oak Creek, Onalaska, Oshkosh, Plymouth, Racine, Reedsburg, Shorewood, Watertown, Wausau, Wauwatosa and Whitefish Bay.
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
PMTA Registry Law: Beginning July 1, 2025, vapor product manufacturers whose products are sold in the state are required to submit a certification that the manufacturer has submitted a premarket tobacco product application and the products remains under review by the FDA, no marketing order has been issued, or the manufacturer has received a marketing order. Manufacturers must pay fees to be on a state directory of products as described above. No products may be offered for sale in the State unless the product is listed on the DOR Electronic Vaping Device Directory and the product meets all other requirements pursuant to law.
The DOR is to provide a report to the chief clerks of both houses of the Legislature no later than July 1, 2026, regarding the following: (1) the status of the electronic vaping directory maintained by DOR; (2) manufacturers and electronic vaping devices included in the directory; (3) revenue and expenditures related to the administration of the electronic vaping directory requirements; and (4) enforcement activities undertaken pursuant to the requirements of the bill.6
taxes
- Vapor products are taxed at 5¢ per mL (October 1, 2019.)5
- Smoke-free tobacco products are subject to a state excise tax of 71% of the manufacturer’s price.4
- 134.66 Restrictions on sale or gift of cigarettes or nicotine or tobacco products.
- 254.92 Purchase or possession of cigarettes or tobacco products by person under 18 prohibited
- Wikipedia – List of vaping bans in the US
- Sales Tax Handbook – Wisconsin Tobacco Excise Taxes
- Milwaukee Journal Sentinel – Fewer people are smoking cigarettes, so state tax revenue is down. Now, Wisconsin will tax e-cigs.
- 2023 SENATE BILL 268 – SENATE AMENDMENT 1
Updated April 2024
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