The Utah Department Of Health has standards for labeling, nicotine content, packaging, product quality, and record keeping and testing. The authority for these standards can be found in Utah Code § 26-57 and the rule in Utah Admin. Code r. 384-415.
These standards have been enforced since July 1, 2017.
Labels should be clear and list accurate information. The rule requires:
- The labels have a safety warning.
- The safety warning should take up 30 percent of the container’s display panel.
- Products with nicotine follow the same safety warning standards as required by the FDA and state:
“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
- The warning for nicotine-free products states:
“WARNING: Keep away from children and pets.”
- Products may not be sold if they are labeled as having:
- Additives that are linked to health or energy
- Illegal drugs
- Additives that color the vapor
E-liquid packaging needs to meet the standard of child-resistance laid out by the FDA.
The amount of nicotine in an e-liquid product should be below 360mg per container.
The concentration of nicotine should be below 24mg per mL of liquid product.
In August 2022, retailers will be expected to provide documents that show their products have been approved for sale by the FDA.
Retailers need to be able to provide documents that confirm that their products meet the requirements of the state rule.
Inspections will be carried out in a similar way to other health laws − through complaints and inspections. The following is a general pattern of e-liquid inspection:
- Local health department staff sees a violation or receives a complaint from the public.
- Local health department staff does an inspection and if a violation is found, they may give a notice to the store to fix the problem.
- If a notice is given, local health department staff will do another inspection at that store. If the problem is not fixed, a notice of violation may be given and would count as a violation against your Tobacco Retail Permit.
- The local health department staff will conduct another inspection to see if the violation is resolved.
- If the violation is not resolved, another notice of violation may be given and would count as a 2nd violation against your Tobacco Retail Permit.
If there is an immediate threat to the public, a violation may be issued during the first visit by the local health department.
If you have questions, please contact your local health department.
Local E-Cigarette Ordinances
Bear River Health Dept. E-cigarette Regulation (PDF)
Davis County Electronic Smoking Devices Regulation (PDF)
Salt Lake County Electronic Smoking Device Regulation (PDF)
Tooele County Electronic Smoking Device Ordinance (PDF)
Utah County Health Dept. Electronic Smoking Device Regulation (PDF)
Weber-Morgan Health Depart. Electronic Smoking Device Regulation (PDF)