Vending Machine Laws by State

General vending · All 50 states and D.C.

What you need to run vending machines legally depends on your state and on what you sell. This guide covers general vending, meaning snacks, drinks, trading cards, mystery products and merchandise, in all 50 states and Washington, D.C.: the sales tax permit you collect tax under, the resale certificate that lets you buy inventory tax-free, food licensing, and the federal rules that apply everywhere. Pick your state for the full breakdown, with the law behind every requirement.

Last reviewed: October 28, 2026  ·  Each state page lists its own primary sources and review date  ·  General information, not legal advice.

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Why the resale certificate matters

When you vend a taxable product, the sales tax on that sale is yours to collect and send to the state. If you also pay sales tax when you buy the product from your supplier, you pay tax twice on the same item. A resale certificate tells your supplier the purchase is for resale, so they do not charge you tax.

Each state has its own form, and each state page links the official one. If you take inventory out for your own use instead of selling it, use tax applies to it.

What changes from state to state

• Whether the state has its own vending license, machine registration or decal.
• How food and drinks from vending machines are taxed. Some states exempt vending food, others tax some or all of it.
• Who licenses food vending: a state agency or your local health department, and which packaged foods are exempt.
• Fees for the sales tax permit and for forming an LLC.
• Product rules that only some states have, like stuffed toy registration.

Trading cards, mystery products and toys

Trading cards and other merchandise are taxable goods and need no food license. The legal risk with card machines is intellectual property, not permits: stock authentic product and keep Pokémon characters and logos off the machine itself. Our guide to the legal side of trading card vending machines covers both.

Mystery products like blind boxes, mystery bags and capsule toys are merchandise too. They are taxed like other goods, and the same sales tax permit and resale certificate cover them. Each state page has the details.

Federal rules that apply in every state

ADA reach ranges

Where vending machines are provided, at least one of each type has to meet the operable parts rules in the 2010 ADA Standards (sections 228.1 and 309). The parts a customer operates, like the screen, card reader and pickup door, have to sit within reach: between 15 and 48 inches above the floor for an unobstructed reach (section 308).

Calorie labeling for food

If you own or operate 20 or more vending machines that sell food, federal rules require calorie information for any item whose Nutrition Facts label the buyer cannot see before buying (21 CFR 101.8). In glass-front machines, packages that show calories on the front in large enough type can meet the rule.

Schools

Machines that sell food to students during the school day may stock only items that meet the USDA's Smart Snacks nutrition standards. The school day runs from midnight until 30 minutes after the official school day ends (7 CFR 210.11).

Sources

1. 2010 ADA Standards for Accessible Design and U.S. Access Board guide to operable parts
2. 21 CFR 101.8, calorie labeling of food in vending machines
3. 7 CFR 210.11, competitive food standards (Smart Snacks)