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.
The Utah Division of Administrative Rules’ 1/15/2021 Bulletin, beginning on page 20, includes a revised proposed rule amendment the Utah Department of Health (UDOH) filed to Utah Administrative Rule R384-415 Electronic-Cigarette Substance Standards.
In November 2020, UDOH published and accepted public comments on a proposed rule amendment to R384-415 Electronic-Cigarette Substance Standards, Filing #53115. In December, UDOH reviewed and evaluated all of the comments received and chose to not make rule filing #53115 effective. Instead, UDOH filed the revised proposed rule amendment, #53257. The revised proposed rule amendment language includes some technical revisions and a slight change to the nicotine content limit. Click here for a PDF copy of the revised proposed rule amendment.
Effective July 1, 2021, the revised proposed rule amendment prohibits a tobacco retailer from selling a manufacturer sealed electronic cigarette substance with a nicotine concentration that is greater than 5% nicotine by weight per container, or exceeds a 59mg/mL concentration of nicotine; and effective January 1, 2022, the revised proposed rule amendment prohibits a tobacco retailer from selling a manufacturer sealed electronic cigarette substance with a nicotine concentration that is greater than 3% nicotine by weight per container, or exceeds a 36mg/mL concentration of nicotine.
UDOH is seeking public comment on the proposed rule amendment until Monday February 15, 2021. Please send written comments to firstname.lastname@example.org. Please be aware that each comment will receive a written response and will become a part of the public record. UDOH will keep contact information confidential.
Please contact TPCP Policy Analyst Christy Cushing for questions at 801-538-6260 or email@example.com.