Are Nicotine Pouches Legal in North Carolina? (2026)

Instrument

Retail sale of consumable products and vapor products; certification, directory and penalties

Source

https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_143B/Article_4.html

Retrieved

2026-11-06

Fingerprint

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G.S. 143B-245.13
§ 143B-245.13.  Retail sale of consumable products and vapor products.
(a)	Products Prohibited from Retail Sale. - Except as provided in subdivisions (1) and (2) of this subsection, beginning May 1, 2025, or on the date that the Department of Revenue first makes the directory available for public inspection on its public website as provided in G.S. 143B-245.12(a), whichever is later, consumable products or vapor products not included in the directory may not be sold for retail sale in North Carolina, either directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries. [The following applies:]
(1)	Each retailer shall have 60 days from the date that the Secretary first makes the directory available for inspection on its public website to sell products that were in its inventory and not included in the directory or remove those products from inventory and return them to the distributor or wholesaler from whom the products were purchased for a refund.
(2)	Each distributor or wholesaler shall have 60 days from the date that the Secretary first makes the directory available for inspection on its public website to remove those products intended for ultimate retail sale in the State from its inventory.
(3)	After 60 calendar days following publication of the directory, consumable products or vapor products not listed in the directory and intended for retail sale in North Carolina may not be purchased or sold for retail sale in North Carolina except as provided in G.S. 143B-245.12(c).
(b)	Reserved for future codification purposes.  (2024-31, s. 2(b).)

G.S. 14-313(g), (h)
(g)	Certification of Vapor Products and Consumable Products. - As required by Part 3 of Article 4 of Chapter 143B of the General Statutes, the Secretary of the Department of Revenue shall certify vapor products and consumable products eligible for retail sale in this State and shall list them on a directory.
(h)	Fines and Civil Penalties. - The Secretary shall impose the following penalties for violations of the certification requirements for consumable products and vapor products required by Part 3 of Article 4 of Chapter 143B of the General Statutes:
(1)	Retailer, distributor, or wholesaler fines. - A retailer, distributor, or wholesaler who offers for sale a consumable product or vapor product intended for ultimate retail sale in this State that is not included in the directory is subject to a warning and a reinspection of the retailer conducted by the ALE Division. In addition, the following provisions apply:
a.	For a second violation of this type within a 12-month period, the fine is at least five hundred dollars ($500.00) but not more than seven hundred fifty dollars ($750.00) and, if licensed, the licensee's license is suspended for 30 days.
b.	For a third or subsequent violation of this type within a 12-month period, the fine is at least one thousand dollars ($1,000) but not more than one thousand five hundred dollars ($1,500) and, if licensed, the licensee's license is revoked.
c.	Upon a second or subsequent violation of this type, consumable products or vapor products that are not on the directory as required by G.S. 143B-245.12, and are possessed by a retailer, distributor, or wholesaler, are subject to seizure, forfeiture, and destruction by the ALE Division. The cost of the seizure, forfeiture, and destruction is borne by the person from whom the products are confiscated, except that no products may be seized from a consumer who has made a bona fide purchase of such product. The ALE Division may store and dispose of the seized products as appropriate, in accordance with federal, State, and local laws pertaining to storage and disposal of such products.
(2)	Manufacturer penalties. - A manufacturer whose consumable products or vapor products are not listed in the directory as required by G.S. 143B-245.12, and who causes the products that are not listed to be sold for retail sale in North Carolina, whether directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries, is subject to a civil penalty of ten thousand dollars ($10,000) for each individual product offered for sale in violation of Part 3 of Article 4 of Chapter 143B of the General Statutes until the offending product is removed from the market or until the offending product is properly listed on the directory. In addition, any manufacturer that falsely represents any information required by a certification form shall be guilty of a misdemeanor for each false representation.