Search

Final Rule Alert: e-Cigarettes, e-Liquids Now Nonmailable

Posted on 10/21/2021 by Roger Marks

Update (10/21/21)

A USPS Final Rule to make e-cigarettes and their parts and components (including e-liquid) nonmailable, with limited exceptions, took effect on October 21, 2021. These products are referred to collectively as "electronic nicotine delivery systems" or ENDS products. 

From the Final Rule: 
 
ENDS products comprise...

(1) any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and

(2) any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.


86 Fed. Reg. 58399 (October 21, 2021) 

USPS posted guidance for e-cigarette and e-liquid shippers in the Federal Register in April 2021, to help them submit complete exception applications for mailing ENDS products. 

Electronic cigarettes and other "vapes" are one of the seemingly endless applications for lithium batteries. US and international authorities regulate lithium batteries as hazardous materials by all modes of transportation. To ship lithium batteries with major ground and air carriers, shippers must comply with US DOT's Hazardous Materials Regulations (HMR) and/or the IATA Dangerous Goods Regulations (DGR).

NoteIATA updated its regulations for 2022 to remove a widely-used exclusion for some shipments of "excepted" lithium batteries and cells by air. 

Online Training: Shipping Lithium Batteries 

Update (5/12/21) 

On April 19, USPS issued new guidance to assist ENDS mailers in preparing exception applications for submission following the final rule.

Original Article Text (Posted 02/15/2021)

A proposed change to the US Postal Service’s rules for mailing electronic nicotine delivery systems (ENDS) could have a significant impact on shippers who use USPS to ship e-cigarettes and e-liquid. 

USPS plans to revise its Publication 52, Hazardous, Restricted, and Perishable Mail, to expand mailability restrictions for cigarettes to cover all ENDS.

Why Now?

The Preventing Online Sales of E-Cigarettes to Children Act was enacted in December 2020. The law adds ENDS to the definition of “cigarettes” subject to regulation under the Jenkins Act. 

Because USPS relies on that definition of “cigarettes” to determine mailability, they must now update their regulations to ensure that ENDS are subject to the same mailability restrictions and exceptions. 

Definition of ENDS

One thing to note in the definition of electronic nicotine delivery system is that not all of them contain nicotine. Under US law, an ENDS is "any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device."

Restrictions on mailing ENDS would also apply to “any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.” 

Hazmat Considerations for ENDS

Most e-cigarettes (i.e., vape pens, vapes, e-hookahs, etc.) are powered by a rechargeable lithium battery. Lithium batteries are regulated as a miscellaneous hazardous material in transportation.

To ship lithium batteries by ground, air, or vessel using carriers like FedEx, UPS, etc., shippers must comply with the 49 CFR, IATA DGR, and/or IMDG Code regulations, respectively. That includes providing required hazmat training to employees who prepare and handle shipments.

Even when shipped in-equipment or with-equipment, lithium batteries are subject to stringent packaging, marking, labeling, and documentation standards that vary based on the mode of transportation. In some cases, the "e-liquid" that gets vaporized (“vaped”) is also a regulated hazardous material. Some of these products may be regulated as toxic hazardous materials (i.e., Class 6), for instance.

US DOT requires training for hazmat employees within 90 days of hire date, and once every three years thereafter. For air shippers, the IATA DGR requires recurrent hazmat training once every 24 months

Hazmat Limited Quantity and Lithium Battery Training

If you currently ship e-cigarette components or e-liquid by USPS, those shipments most likely qualify for relief as limited quantities under the 49 CFR Hazardous Materials Regulations (HMR) when you ship them with a non-postal carrier.

At Lion.com/Hazmat, find courses that guide you through a step-by-step process to identify, package, mark, label, and document shipments of hazmat limited quantities or lithium batteries. Effective training is crucial to keep your shipments moving safely, on time, and in compliance. 

Relevant hazmat training courses:
Shipping Lithium Batteries Online Course  
Shipping Excepted Lithium Batteries Online Course
Shipping Limited Quantities & Consumer Commodities Online Course
 
Comprehensive hazmat training:
Hazmat Ground Shipper Certification (DOT)
Hazmat Air Shipper Certification (IATA)
 
 

Tags: ENDS, Final Rule, hazmat shipping, USPS

Find a Post

Compliance Archives

Lion - Quotes

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.