Tobacco Retail Licensing and Sales

Rulemaking 

Notice of Proposed Rulemaking for Tobacco Retail License (TRL) Program

The Oregon Health Authority (OHA), Public Health Division is proposing to permanently amend Oregon Administrative Rules in chapter 333, division 15 pertaining to synthetic nicotine products.

 

In this rulemaking, amendments are proposed to update certain definitions to align with recent statutory changes to ORS 431A.175 due to the passage of SB 1571 (Oregon Laws 2026, chapter 94).

 

For more details, including a description of each rule's proposed changes, please see the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules at:

• OAR chapter 333-015- Notice of Proposed Rulemaking (coming soon)
  

 

You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:

 

1. You may provide oral (spoken) testimony during a public hearing scheduled on Wednesday, May 20, 2026, at 10:00 A.M. Pacific Time via video/phone conference using Microsoft Teams.

• To provide oral testimony during this hearing:

• Join using the Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details" using the “Meeting URL."
• You may also contact the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment.
• To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 716 719 238#
  
  2)  Written comments may be submitted before 5:00 P.M. Pacific Time on May 21, 2026:

• Email comments to: publichealth.rules@odhsoha.oregon.gov
• Mail comments* to:   OHA - Public Health Division
  
  Brittany Hall, Administrative Rules Coordinator
  800 NE Oregon St. Suite 930
  Portland, OR 97232
  
  *Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on May 21, 2026.
  
  

• Send comments by fax to 971-673-1299
  Final rules will be filed after consideration of all comments.
  
  If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Tara Weston at tara.e.weston@oha.oregon.gov.
  
  Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide free help. Some examples are sign language and spoken language interpreters, real-time captioning, braille, large print, audio, and written materials in other languages. If you need help with these services, please contact the Public Health Administrative Rules Coordinator at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov. All relay calls are accepted.
  

Any business that wants to be authorized to sell tobacco, nicotine and vaping products in Oregon is required to get a Tobacco Retail License from the Department of Revenue. The licensing requirement is imposed on all retailers, including but not limited to:

• Convenience stores
• Bars
  
• Hotels
  
• Restaurants
• Gas stations
  
• Music venues

Retailers must be in a fixed and permanent location, and online sales of tobacco are prohibited. Violations of any tobacco retail law may result in civil penalties, license suspension or revocation. In addition, local jurisdictions may have their own restrictions on the sale of tobacco or vaping products.

This license was created to increase retailer knowledge and compliance of federal and state laws regulating the sale of tobacco and vaping products. In other states it has helped to reduce youth access to tobacco in the community. Tobacco retail licensing allows OHA to monitor local businesses and make stores healthier places for everyone to shop. This policy can also support other retail policies to address such concerns as youth access to tobacco, youth exposure to marketing, retailer location or density, retailer incompliance with federal or state laws.

• The license does not apply to retailers operating on tribal lands.
• Local jurisdictions that were already operating a license program may keep their local program. For information and links to local tobacco retail license programs, visit the Oregon Department of Revenue.
  

How the license works

The Department of Revenue reviews applications, issues tobacco retail licenses and collects the annual fee. See the section Applying for a tobacco retail license below for more information.

• Retailers will pay an annual fee of $984 for a license.
• Retailers with multiple locations will need to have a license for each location. 
• Anyone who sells tobacco or vaping products - including stores, cigar and hookah lounges, and bars - is considered a tobacco retailer and is required to purchase a license to continue selling tobacco or vaping products. The license does not apply to retailers operating on tribal lands.
  
• The fees from tobacco retail licensing cover the cost of the program: stronger and more frequent enforcement, retailer education and support for local businesses – in addition to making sure businesses comply with the law.
  

Enforcing the law

Oregon Health Authority supports retailers and conducts compliance visits. There are real consequences for retailers that don't follow the law, such as civil penalties, up to suspending or revoking a retailer's ability to sell tobacco or vaping products for repeated violations. 

• Oregon Health Authority or Local Public Health Authority staff will conduct compliance visits.
• Oregon Health Authority or Local Public Health Authority will continue to conduct two inspections, per retailer, per year: One inspection will make sure retailers aren’t selling to people under 21. The other will check for compliance with all tobacco retail sales laws. 
• Any business or person known to be selling tobacco or vaping products will be subject to inspection – whether they have a license or not.
  

Applying for a tobacco retail license

The Department of Revenue reviews applications and issues tobacco retail licenses. To apply for a tobacco retail license, visit the Department of Revenue and click on the link under " When and how do I apply for the license from the Department of Revenue?"

The annual fee for a license is $984, per location.  

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