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What is the Wisconsin Electronic Vaping Device Directory?
The Wisconsin
Electronic Vaping Device Directory is a public list of all electronic vaping devices certified by the manufacturers to the Wisconsin Department of Revenue (DOR) that their device complies with sec. 995.15, Wis. Stats. Only electronic vaping devices listed on the Directory can be sold or offered for sale in Wisconsin.
CAUTION: Other state, local, and federal laws may impact whether an electronic vaping device may be lawfully sold. For example, and among others, municipal licensing requirements under sec. 134.65(1d), Wis. Stats., fraudulent drug advertising restrictions under sec. 100.182, Wis. Stats., and federal restrictions on certain sales of nicotine products under 21 CFR 1140.
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What is an electronic vaping device?
"Electronic vaping device" includes:
- A device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, such as an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
- A component, part, or accessory of such device.
- A liquid or other substance that may be aerosolized or vaporized by such device.
Note: A device, component, part, accessory, liquid, or other substance is an electronic vaping device regardless of whether it contains nicotine.
"Electronic vaping device" does not include:
- A battery or battery charger when sold separately. Examples of batteries sold separately may include standalone lithium-ion batteries, sizes 18650, 20700, or 21700.
- Drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
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Is a battery sold with other component parts and accessories required to be listed on the Directory?
Yes. A battery that is sold with other component parts of an electronic vaping device (e.g., switch, voltage regulator, heating element, or connecting fixture) must be listed on the Directory. These are often called a cart battery, 510 thread battery, vape pen battery, or power unit.
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Is an empty electronic vaping device containing no vaping liquid or substance required to be listed on the Directory?
Yes. An electronic vaping device, and any component, part, or accessory of such device cannot be sold or offered for sale in Wisconsin unless it is listed on the Directory.
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How are electronic vaping devices certified and placed on the Directory?
Manufacturers must annually certify electronic vaping devices to be placed on the Directory. A $500 fee per device is payable at the time of filing the annual certification. This fee is nonrefundable and does not guarantee a device will be listed on the Directory.
First, manufacturers must apply and be granted a "Tobacco / Vapor Product Manufacturer's" permit by DOR (Form
CTV-200,
Application for Cigarette, Tobacco, and Vapor Products Permits). Once granted, the manufacturer can access their manufacturer’s account in
My Tax Account (MTA) and select the option to apply for a device to be added to the Directory.
See
Publication 304,
Cigarette, Tobacco, and Vapor Products Tax and Regulatory Information, for additional criteria that must be met for devices to be placed on the Directory.
See the Help Video:
Registering Vaping Devices in Wisconsin.
As of April 3, 2026, manufacturers may certify electronic vaping devices that contain hemp to appear on the directory for the year beginning July 1, 2026. Manufacturers must provide a certificate of analysis that shows the device contains hemp and does not contain nicotine.
See the Help Video:
Registering Vaping Devices Containing Hemp.
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Who can certify a product in a contract manufacturing arrangement?
In a contract manufacturing arrangement, where one entity manufactures electronic vaping devices for another, the actual manufacturing entity may certify their compliance with sec. 995.15, Wis. Stats., OR the actual manufacturing entity can appoint the party for whom they are manufacturing the devices as their agent for the purpose of certifying their compliance with the law.
Important: Wisconsin law requires every manufacturer to certify their compliance with section 995.15, Wis. Stats., and that their devices are eligible for the Directory. It is important for every manufacturer to be aware of their rights, obligations, and liabilities described in the law.
Example:
Company A contracts with Company B to manufacture electronic vaping devices for Company A. The devices are made exclusively for Company A. Company A sells the devices to distributors and retailers. Who may certify the devices to DOR?
- Company B (the manufacturer) may certify the devices to DOR;
OR
- Company A (appointed agent of the manufacturer) may certify the devices if Company B provides in writing that Company A is their authorized agent for the specific devices being certified AND submits documentation to DOR of their contractual relationship.
Documentation of the contractual relationship must:
- Acknowledge that the manufacturer has read and understood sec. 995.15, Wis. Stats.
- Identify the devices made by the manufacturer
- Authorize their agent to certify the manufacturer's compliance with sec. 995.15, Wis. Stats.
- Acknowledge it is the manufacturer's intent that the devices are to be sold in Wisconsin and authorize the agent to do all things to achieve that intent
- Acknowledge that the devices may be seized and destroyed if they are sold or held for sale in Wisconsin at a time when they are not on the Directory
- Acknowledge that the manufacturer is liable for a forfeiture of $1,000 per device for each day they are sold or held for sale in Wisconsin by anyone at a time when they are not on the directory
- Acknowledge the manufacturer's duty to inform the department within 30 days of any material change in the information contained in the application and authorize the agent for this purpose
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Can electronic vaping devices that contain hemp be sold or offered for sale in Wisconsin?
An electronic vaping device that contains hemp, as defined in sec. 94.55(1), Wis. Stats., and does not contain nicotine (hemp device), must be certified to DOR no later than July 1, 2026, and annually thereafter. These devices cannot be sold or offered for sale in Wisconsin beginning July 2, 2026, if the device is not listed in the Directory. In addition, beginning September 1, 2026, a $1,000 forfeiture (per day for each device) is imposed on manufacturers and retailers that sell or offer for sale a hemp device not listed on the Directory.
The annual certification to DOR must include a certificate of analysis (COA) from an independent laboratory showing that the electronic vaping device contains hemp and does not contain nicotine.
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What information must be included on the certificate of analysis (COA) for electronic vaping devices containing hemp?
Certificates of Analysis must demonstrate that the device:
- Contains hemp as defined under sec. 94.55(1) Wis. Stats., AND
- Does not contain nicotine
For a product to be hemp, the product cannot have a delta-9-tetrahydrocannabinol (delta-9 THC) concentration of more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods.
Note: Devices exceeding 0.3% Delta-9 THC are ineligible to be listed on the Directory.
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Do manufacturers of electronic vaping devices containing hemp have to submit a certificate of analysis (COA) for each batch they manufacture? When is a new COA required?
A new batch of the same device does not require a new certification to DOR. However, the manufacturer must notify DOR within 30 days of any material change in the information contained in their certification (sec. 995.15(5), Wis. Stats.).
Accordingly, if subsequent batch of the same device is tested and it reveals a material change, for example in the level of delta-9 THC, that COA must be provided to the department and may cause the device to be removed from the directory.
If there are changes in design, labels, ingredients, quantities of ingredients, or manufacturing process, such changes may be considered a material change to the device and therefore require certification of the new device to DOR.
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Does every flavor/concentration variant of an electronic vaping device need to be certified as a separate device and subject to a $500 application fee?
Yes. Devices with different flavors or concentrations are required to be certified as separate devices, and each is subject to the $500 application fee. The certification for each variant of a device that contains hemp must be accompanied by its own separate certificate of analysis (COA) specific to that flavor or concentration.
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Are products like hemp rosin, resin, wax, or dab required to be certified for the Directory?
Yes. The definition of an electronic vaping device includes any liquid or other substance that may be aerosolized or vaporized by the device. Therefore, rosin, resin, wax and other liquids or substances must be certified if they may be used with electronic vaping devices.
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What happens if, by July 1, a manufacturer does not recertify their compliance with sec. 995.15, Wis. Stats., and the eligibility of an electronic vaping device to be on the directory?
The device(s) will be removed from the directory on July 2 (or the next business day after July 2). This occurs by the department entering a "date removed" on the directory for the device.
Retailers, distributors and wholesalers must remove the devices from their inventory no later than 21 days after the date the device is removed from the directory. This may be done by selling the devices, returning the devices to the manufacturer, or disposing of the devices.
After 21 days from the date of removal, the devices may not be purchased or sold in Wisconsin and the devices are subject to seizure, forfeiture and destruction at the cost of the person from whom they were confiscated. Retailers and manufacturers may also be assessed a forfeiture of $1,000 per day for each device offered for sale in violation of sec. 995.15, Wis. Stat.
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Why do some products have more detailed descriptions than others?
The device description is provided by the manufacturer. DOR primarily relies on the manufacturer’s description for the Directory.
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How often is the Directory updated?
The Directory is updated nightly.
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Are there penalties for selling devices in Wisconsin that are not listed on the Directory?
Starting September 1, 2025, the law imposes a forfeiture of $1,000 per day for each device until each such device is no longer offered for sale in Wisconsin or is properly listed on the Directory. The forfeiture is imposed on retailers and manufacturers that sell or offer for sale an electronic vaping device in Wisconsin that is required to be listed on the Directory and is not listed on the Directory.
In addition, any electronic vaping device sold, offered for sale, or possessed for sale, in Wisconsin, in violation of sec. 995.15, Wis. Stats., is deemed contraband and subject to seizure. All electronic vaping devices that are seized must be destroyed and not resold.
CAUTION: Other state, local, and federal laws may impact whether an electronic vaping device may be lawfully sold. For example, and among others, municipal licensing requirements under sec. 134.65(1d), Wis. Stats., fraudulent drug advertising restrictions under sec. 100.182, Wis. Stats., and federal restrictions on certain sales of nicotine products under 21 CFR 1140.
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Can a distributor possess electronic vaping devices in Wisconsin that are not listed on the Directory?
Yes. A distributor may possess an unlisted electronic vaping device in Wisconsin only if it is sold or offered for sale outside Wisconsin (see Exception below). A distributor may not possess an unlisted electronic vaping device in Wisconsin if it is sold, offered for sale, or possessed for sale in Wisconsin. Such devices offered for sale in Wisconsin may be seized and destroyed if not listed on the Directory (sec. 995.15(11)(a), Wis. Stats.).
Exception: A distributor must remove an electronic vaping device from its inventory no later than 21 days after the date on which the device is removed from the Directory and return the device to the manufacturer for disposal. After 21 days following removal from the Directory (as indicated by the "Date Removed" in the Directory), the electronic vaping devices may be seized and destroyed, and no further devices may be purchased or sold in Wisconsin. In addition, the distributor is liable for the cost of seizure and destruction of such devices confiscated from the distributor (sec. 995.15(8), Wis. Stats.).
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How will a retailer or distributor know if a device is removed from the Directory?
The Directory will show a "Date Removed" for the device. Retailers and distributors of electronic vaping devices should implement business practices to regularly check the Directory because they will have 21 days to remove such devices from their inventory.
The department will also send an email to businesses and individuals that
subscribe to DOR E-News for
Cigarette, Tobacco and Vapor Products. However, businesses cannot solely rely on this email for notification. The information published on the Directory is the official notification.
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Is a distributor liable for the $1,000 forfeiture for an unlisted device that is sold or offered for sale in Wisconsin?
No, unless the distributor is also a manufacturer or retailer of the unlisted device. The forfeiture under sec. 995.15(9), Wis. Stats., is only imposed on manufacturers and retailers.
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Can a person manufacture electronic vaping devices in Wisconsin that are not listed on the Directory?
Yes. However, a manufacturer may not possess an unlisted electronic vaping device in Wisconsin if the device is sold, offered for sale, or possessed for sale in Wisconsin, regardless of whether the device is sold directly by the manufacturer or indirectly through an intermediary (secs. 995.15(2) and (11)(a), Wis. Stats.).
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If an electronic vaping device is removed from the Directory, how should a manufacturer dispose of products returned to the manufacturer from distributors and retailers?
Section 995.15 Wis. Stats. does not specify the method of disposal of returned devices, however, such devices may not be purchased or sold in Wisconsin.
NOTE: Electronic vaping devices may be considered hazardous waste under other state or federal laws due to their ingredients and/or the battery and, where applicable, should be disposed of in accordance with those laws.
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Is a manufacturer required to appoint an agent in Wisconsin or register with the Wisconsin Department of Financial Institutions (DFI)?
Yes. If you’re an out-of-state manufacturer of electronic vaping devices, you must register with DFI or appoint a local agent (secs. 995.12(3) and 995.15(13), Wis. Stats.).
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How can I report violations of the Directory?
Submit complaints using the online form on the DOR website:
DOR Cigarette, Tobacco, and Vapor Products Complaint.