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 R384-415.
These standards have been enforced since July 1, 2017.
Labels should be clear and list accurate information. The rule requires:
“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
“WARNING: Keep away from children and pets.”
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.
When the FDA institutes its process to approve electronic-cigarettes, retailers shall only sell an electronic-cigarette substance that has been approved for regulatory 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:
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.