This website is dedicated to educating retailers about the laws surrounding tobacco products, electronic cigarette products, and nicotine products in Utah.
State tobacco laws can be difficult to understand. The Family Smoking Prevention and Tobacco Control Act of 2009 has helped simplify things at the federal level, but states have varying authority over certain aspects of tobacco control.
In Utah, regulations for newer products, like electronic cigarettes, are enforced by the state and local health department, so the Utah Department of Health (UDOH) has developed this website to inform tobacco retailers about Utah tobacco laws and protect Utah youth from the harmful effects of tobacco use and nicotine addiction. This information is intended for:
Effective July 1, 2020 it is illegal for a retailer to sell any tobacco product, electronic cigarette product, and nicotine product to anyone younger than 21. For more details contact your local health department.
Due to the passage of H.B. 23 from the 2020 General Session, UDOH is required to establish labeling, nicotine content, packaging, and product quality standards for manufacturer sealed electronic cigarette substances, or otherwise known as a sealed electronic cigarette pod or cartridge. Utah Code 26-57-103(3)(b) requires that “Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic cigarette substance unless the manufacturer sealed electronic cigarette substance complies with the standards established by the department.” Therefore, UDOH decided to make rule filing #53257 effective 6/01/2021, so UDOH and local health departments can begin educating retailers about effective changes to Admin. Rule R384-415 and that it will be enforced effective July 1, 2021.
UDOH has also filed a proposed amendment to the effective rule filing #53257, anticipated to become public on June 15, 2021. The proposed rule amendment to Admin. Rule R384-415, filing #53559, revises the rule to align with changes in Title 26, Chapter 57, Section 103, due to the passage of S.B. 1003 during the First Special Session. In addition, with this rule amendment, UDOH seeks to incorporate additional changes related to the nicotine content in R384-415-5(1)(b), and the product quality requirements in R384-415-7 to address public comment concerns the Department received between March 15, 2021 and April 15, 2021.
If the proposed rule amendment goes into effect as written, it would become effective on July 22, 2021. At that time, all the same current requirements of the rule would apply to manufacturer sealed electronic cigarette products, otherwise known as prefilled electronic cigarettes or disposables. A tobacco retailer would be prohibited from selling prefilled electronic cigarettes or disposables with a nicotine concentration that is greater than 5% nicotine by weight per container, or exceeds a 59mg/mL concentration of nicotine. In addition, the proposed rule amendment would prohibit a tobacco retailer from selling a manufacturer sealed electronic cigarette product, including cartridges, pods, and prefilled disposables with a nicotine concentration that is greater than 3% nicotine by weight per container, or exceeds a 36mg/mL concentration of nicotine, effective September 1, 2021. Lastly, a manufacturer or retailer may continue to sell electronic cigarette products if the product complies with all the requirements set forth in the proposed rule amendment, the manufacturer submitted a timely a Pre-Market Tobacco application or Substantial Equivalent application to the FDA by September 9, 2020, and the FDA has not issued a written marketing order and therefore the product’s Pre-Market Tobacco application or Substantial Equivalent application is pending review by the FDA.
The new proposed rule amendment to R384-415 will be posted on this webpage on June 15, 2021, when the Utah Office of Administrative Rules publishes their Utah State Bulletin.
Public comments on the proposed rule amendment to R384-415 Requirements to Sell Electronic Cigarette Products, filing #53559, will be accepted until 7/15/2021 and can be sent to email@example.com. Please contact TPCP Policy Analyst Christy Cushing for questions at 801-538-6260 or firstname.lastname@example.org.