Pipes Magazine » Tobacco Legislation

Search Forums  
   
Tags:  No tags yet. 

Selling pipes

(13 posts)
  1. swan

    swan

    New Member
    Joined: Dec 2018
    Posts: 9

    offline

    Login to Send PM

    Hello everybody, I had a question and I haven't been able to find a reply.
    I email the FDA but I haven't received a reply so far. I checked with my local Business Department but it seems there is not full clarity.

    The question is: to sell pipes (online or offline) is a tobacco retail license needed or not?

    So if I want to sell pipes and not tobacco, do I have to apply for a tobacco license or not?
    I know that NY has for instance age requirements to purchase pipes and tobaccos and that is fine but I am not able to find a clear answer about the license as well.

    Is anybody able to help or has some experience?

    thanks!

    Posted 2 months ago #
  2. mikethompson

    mikethompson

    Preferred Member
    Joined: Jun 2016
    Posts: 3,874

    offline

    Login to Send PM

    Are you selling pipes online through eBay or etsy? Then I don't think so. If you have a proper physical store then maybe.

    Posted 2 months ago #
  3. mso489

    mso489

    Preferred Member
    Joined: Feb 2013
    Posts: 26,379

    offline

    Login to Send PM

    I wouldn't have known or thought to ask. I can dream up an explanation, like protecting the under-age, but it seems far-fetched overreach. Perhaps it's so?

    Posted 2 months ago #
  4. swan

    swan

    New Member
    Joined: Dec 2018
    Posts: 9

    offline

    Login to Send PM

    I called the FDA and they are reviewing my question.
    I also reached the local Small Business Services for help.

    I was thinking about selling online, maybe on a website but entirely as a side job just out of my passion.
    So I don't think ebay or etsy vs brick and mortar or ecommerce website makes the difference.

    As per the age verification, it is just a matter of putting a pop up, terms and conditions and verify at purchase (pipes and cigars asked me my ID the first time I ordered from them)
    But if you also have to apply for a Tobacco Retail License to sell pipes well, that is just on a different level...

    Anyway I will keep you posted about the outcome of my inquiry

    Posted 2 months ago #
  5. zack24

    zack24

    Mod
    Joined: May 2013
    Posts: 1,756

    offline

    Login to Send PM

    I called the FDA and they are reviewing my question.
    Don't be surprised to see a couple of FDA inspectors to show up and inspect your tobacco product manufacturing facility (pipe shop). There was a forum post about Jeff Gracik enduring a half day inspection.

    From what I understand, companies like Smoking Pipes .com handle the process with the FDA for the pipemakers they represent. If you have a significant online presence, you might want to jump through the hoops required by the FDA. At thsi point, I have not heard of any pipemakers being busted by the FDA and hauled off in handcuffs....:)

    There was a big concern about this maybe 18 months ago, but it seems to have largely died down...

    Posted 2 months ago #
  6. mikethompson

    mikethompson

    Preferred Member
    Joined: Jun 2016
    Posts: 3,874

    offline

    Login to Send PM

    Sorry, I read your question as if you were selling estates and not carving your own.

    Posted 2 months ago #
  7. swan

    swan

    New Member
    Joined: Dec 2018
    Posts: 9

    offline

    Login to Send PM

    I am not carving mine nor I am selling anything, I was just considering the idea and I am gathering all the info before doing anything.

    Thank you, I will search the post about the inspection to have a better understanding but at this point if it is that difficult I will just drop the idea and give up

    Posted 2 months ago #
  8. mso489

    mso489

    Preferred Member
    Joined: Feb 2013
    Posts: 26,379

    offline

    Login to Send PM

    A local pipe shop owner commented that not much information is forthcoming. Perhaps it's come to the point where people don't want to ask. No news is good news, and all that. For the number of pipe smokers, it seems like a labor intensive waste of time. Right now, all the excitement is around vaping, and the huge high school student customer base for that.

    Posted 2 months ago #
  9. mikethompson

    mikethompson

    Preferred Member
    Joined: Jun 2016
    Posts: 3,874

    offline

    Login to Send PM

    Well anyone can post estate pipes for sale on kijiji or ebay so I don't think a business license is required. Might depend on your volume though, are you selling 10 or 1000?

    Posted 2 months ago #
  10. craig61a

    craig61a

    Member
    Joined: Apr 2017
    Posts: 206

    offline

    Login to Send PM

    Having to register with the FDA to make and sell pipes makes about as much sense to me as having to register with the FDA in order to make coffee mugs... just my 2 cents.

    Posted 1 month ago #
  11. mso489

    mso489

    Preferred Member
    Joined: Feb 2013
    Posts: 26,379

    offline

    Login to Send PM

    How about yard sales and flea markets? Just wondering "aloud."

    Posted 1 month ago #
  12. swan

    swan

    New Member
    Joined: Dec 2018
    Posts: 9

    offline

    Login to Send PM

    Probably I didn't explain myself well, and I apologize for that.

    According to the FDA rule pipes are considered "tobacco products".
    Some states require a license to sell tobacco products.
    Some cities have a cap in the number of licenses.
    Question is: do States have to define "tobacco products" what the FDA considers as such or they can define it in a different way?
    The question I am trying to answer is: in case somebody wants to sell new pipes (and only pipes) is it supposed to apply for a tobacco retail license or not (As he/she would not sell pipe tobacco or anything similar)?

    I am still waiting for a reply from FDA and my local Business Services office.. I will keep you posted

    Posted 1 month ago #
  13. cwpiperman

    cwpiperman

    Member
    Joined: Jun 2018
    Posts: 212

    offline

    Login to Send PM

    States can and do define "tobacco products" any way they want. In my state, one cannot buy tobacco products on the internet, mail order, by phone, or by driving to another state to buy them and bring them home. "Tobacco products" means, in my state legislation, "Cigars, cigarettes, smokeless tobacco and loose tobacco (pipe tobacco)." That's the definition and as you can see it doesn't include pipes as does the FDA's definition.

    Black Frigate Scurvy Dog, 4th Class...Savvy?

    Posted 1 month ago #

Reply

You must log in to post.

 

 

    Back To Top  | Back to Forum Home Page

   Members Online Now
   lawayna, dmcmtk, didimauw