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This website is dedicated to educating retailers about the laws surrounding tobacco products, electronic cigarette products, and nicotine products in Utah.

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.

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. Click here to learn more or for more details contact your local health department.

UDOH’s Responsibility

House Bill 23 from the 2020 state legislative session requires UDOH to establish labeling, nicotine content, packaging, and product quality standards for manufacturer sealed electronic cigarette substances, otherwise known as sealed electronic cigarette pods or cartridges.

In response, UDOH:

  • made rule filing #53257 effective 6/01/2021, allowing UDOH and local health departments to begin educating retailers about effective changes to Admin. Rule R384-415; and
  • filed a proposed rule amendment, filing #53559, to align with changes in Title 26, Chapter 57, Section 103, due to the passage of S.B. 1003.

UDOH’s Proposed Rule Amendment to R384-415

  • May become effective on July 22, 2021: 
    • A tobacco retailer would be prohibited from selling pre-filled electronic cigarettes or disposables with a nicotine concentration greater than 5% nicotine by weight per container, or that exceeds a 59mg/mL concentration of nicotine.
    • Requirements of the rule would also apply to manufacturer sealed electronic cigarette products, also known as pre-filled electronic cigarettes, or disposables. 
  • Effective on September 1, 2021:
    • A tobacco retailer would be prohibited from selling a manufacturer sealed electronic cigarette product, including cartridges, pods, and pre-filled disposables that have a nicotine concentration greater than 3% nicotine by weight per container, or that exceed a 36mg/mL concentration of nicotine.
  • A manufacturer or retailer may continue to sell electronic cigarette products if:
    • the products being sold comply with all the requirements set forth in the proposed rule amendment;
    • the manufacturer submitted a Pre-Market Tobacco application, or Substantial Equivalent application to the FDA; and
    • the FDA has not issued a written marketing order.

Public comments on the proposed rule amendment to R384-415, filing #53559, will be accepted until 7/15/2021 and can be sent to tobaccorulescomments@utah.gov. Please contact TPCP Policy Analyst Christy Cushing for questions at 801-538-6260 or ccushing@utah.gov.

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