TT-76 – Electronic smoking device manufacturer licensing (housemade liquids)
What retailers must know about licensing requirements when producing e-liquids
Maryland law requires retailers who produce their own e-liquids to be licensed as manufacturers, and this guidance explains when that requirement applies and the consequences of operating without a license.
What you need to know
- Retailers producing e-liquids are considered manufacturers
- A manufacturer license is required before selling these products
- Unlicensed sales must stop immediately
- Violations may result in fines or criminal penalties
Who This Applies To
This guidance applies to:
- Retailers selling electronic smoking devices (ESDs)
- Vape shop operators producing e-liquids
When a Manufacturer License Is Required
You must obtain an ESD manufacturer license if:
- You produce “housemade” e-liquids for sale
- The product is intended to be vaporized or aerosolized
What Changed
Maryland updated the definition of ESD to include:
- Vaping liquids
- Components and substances used in ESD devices
This change means:
- Producing e-liquids qualifies as manufacturing
Required Action
If you produce e-liquids:
- You must complete the required license application
- You must obtain an ESD manufacturer license before continuing sales
Prohibited Activity
You may NOT:
- Sell housemade e-liquids without a manufacturer license
If unlicensed:
- You must immediately stop sales
Enforcement and Penalties
Operating without a license may result in:
- Criminal misdemeanor charges
- Fines up to $1,000
- Possible imprisonment
- Enforcement inspections by state agents
What This Means for Businesses
Retailers should:
- Evaluate whether they produce e-liquids
- Apply for a manufacturer license if required
- Stop sales until properly licensed
- Prepare for compliance inspections
Important Notes
- Producing e-liquids changes your regulatory classification
- Licensing is required before sales can continue
- Enforcement actions may be immediate
Need Help?
For questions about ESD licensing:
410-260-7314