Tobacco sales

It is illegal for a retailer to sell tobacco products, electronic cigarette products, nicotine products, and tobacco paraphernalia to anyone younger than 21 years of age, including military personnel. (Utah Code § 76-10-114).

Some examples of these products include the following:

Cigarettes

Cigars

Snuff

Loose tobacco (pipe tobacco)

Chewing or smokeless tobacco

Bongs

Electronic cigarettes

Electronic cigarette substance or liquid

Nicotine dissolvable salts, orbs, pellets, sticks, or strips

For the definitions of tobacco products, electronic cigarette products, and nicotine products, please go to Utah Code § 76-10-101. Please contact the local health department for questions about whether these product definitions apply to a specific product the business is planning to sell or offer.

Underage sales

The percentage of Utah tobacco retailers who sold tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21 during underage sale investigations was 8.8% in fiscal year 2022 (July 1, 2021-June 30, 2022).

The rates of non-compliance for the last 3 fiscal years have been:

8.8% for fiscal year 2022 (July 1, 2021 – June 30, 2022)

10.6% for fiscal year 2021 (July 1, 2020-June 30, 2021)

7.8% for fiscal year 2020 (July 1, 2019-June 30, 2020)

Retailers play an important role in reducing access to tobacco products, electronic cigarette products, and nicotine products to individuals younger than 21.

Federal law requires a tobacco retailer to check the photo identification of a customer buying tobacco if the customer is younger than 27 (21 C.F.R. § 1140.14(b)).

Law enforcement agencies are required to investigate the sale of tobacco products, electronic cigarette products, and nicotine products to underage individuals a minimum of two times within a 12-month period at each retailer that sells these products. Additional investigations are allowed if there is reasonable suspicion to believe the establishment has sold a tobacco product, an electronic cigarette product, or a nicotine product to an individual younger than 21 (Utah Code § 77-39-101).

These underage sale investigations are conducted using individuals younger than 21 in coordination with the police and local health departments. The underage individual is sent into the business to purchase a tobacco product, an electronic cigarette product, or a nicotine product. Stores that sell tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21, are issued fines, and may not be allowed to sell these products in the future.

Two penalties can be given if the retailer sells tobacco products, electronic cigarette products, or nicotine products to an individual younger than 21.

A civil penalty can be given by the local health department to the tobacco permit holder of the store (Utah code § 26B-7-514, 26B-7-517, 26B-7-518)

A criminal penalty can be given by police to the individual retailer employee or owner who sold the product (Utah code § 76-10-114)

Civil penalty – general tobacco retailer

Violation

A Civil penalty is issued to a general tobacco retailer when someone sells to an individual younger than 21 years of age.

First violation

$1,000 penalty imposed on tobacco retailer
$2,000 penalty imposed on tobacco retailer when the violation is committed by the owner of the general tobacco retailer

Second violation*

$1,500 penalty imposed on tobacco retailer
$5,000 penalty imposed on tobacco retailer and revocation of general tobacco retailer permit when the violation is committed by the owner of the general tobacco retailer
*Violations and penalties are based on the second violation within 1 year of the first violation

Third violation**

Suspension of the tobacco permit for 30 consecutive business days, or $2,000 penalty imposed on tobacco retailer
**Violations and penalties are based on the third violation within 2 years of the previous 2 violations

Fourth violation***

$2,000 penalty imposed on tobacco retailer and revocation of general tobacco retailer permit
***Violation and penalties are based on the fourth violation within 2 years of the previous 3 violations

Civil monetary penalties can be reduced if the holder of the tobacco license provides proof of an employee training program and that all employees who sell a tobacco product, an electronic cigarette product, or a nicotine product have been trained.

Civil penalty – retail tobacco specialty business

Violation

A Civil penalty is issued to a retail tobacco specialty business when someone sells to an individual younger than 21 years of age.

First violation

$5,000 penalty imposed on tobacco retailer and immediately suspend the permit for 30 consecutive days.
The local health department may also recommend the municipality revoke the retail tobacco specialty business license issued under Utah code § 10-8-41.6 or 17-50-333.

Second violation*

$10,000 penalty imposed on tobacco retailer and revoke the tobacco permit for the retail tobacco specialty business
**Violation and penalties are based on the second violation within 2 years of the first violation

Civil monetary penalties can be reduced if the holder of the tobacco license provides proof of an employee training program and that all employees who sell a tobacco product, an electronic cigarette product, or a nicotine product have been trained.

Criminal penalty

A criminal penalty can be given by police to the individual retail employee or owner who sold the product (Utah Code § 76-10-114).

1st offense: Infraction and subject to a fine not exceeding $1,000; or compensatory service.

Subsequent offenses: Class C Misdemeanor and subject to a fine not exceeding $2,000; or compensatory service.

Tobacco paraphernalia

It is illegal to sell tobacco paraphernalia to individuals younger than 21 years of age. (Utah Code § 76-10-104.1)

An individual who violates this section is guilty of:

1st offense: Class C misdemeanor
Subsequent offense: Class B misdemeanor

For examples of tobacco paraphernalia see Utah Code § 76-10-101(18).

Penalties for underage purchases

It is illegal for individuals younger than 21 years of age to purchase or have in their possession a tobacco product, electronic cigarette product, or nicotine product: (Utah Code § 76-10-105).

An offender who is 18-years-old or older, but younger than 21-years-old: guilty of an infraction; and subject to a $60 fine; and participation in a tobacco education program
An offender under the age of 18-years-old: subject to a fine or penalty, in accordance with Section 80-6-701; and participation in a tobacco education program

In-person sale laws

In Utah, a business can only sell tobacco products, electronic cigarette products, or nicotine products to a customer in person, meaning a business cannot sell any of these products to a Utah customer by telephone, mail, the internet, or through self-service displays. There are two exceptions to this law:

Tobacco retailers are allowed to sell tobacco products, electronic cigarette products, or nicotine products by telephone, mail or the internet only to buyers who have a tobacco license.

Retail tobacco specialty businesses are allowed to have self-service displays, such as vending machines.

Those who break this law can be given a criminal penalty. This law is meant to keep tobacco products, electronic cigarette products, and nicotine products away from individuals younger than 21 years of age. Within a store, it’s easier for the cashier to check for identification. This is more difficult when the sale happens over the phone or online. We encourage retailers to change their business policy to prevent the sale of tobacco products, electronic cigarette products, or nicotine products to unlicensed customers.

Click here to report an illegal sale or distribution of a tobacco product, electronic cigarette product or nicotine product. Complaints can be submitted anonymously. For questions, please contact TPCP Retail and Compliance Specialist Camille Jessop at cjessop@utah.gov.

For more information, see Utah Code § 76-10-105.1, 59-14-509, 59-14-808.

Itemized receipts and itemized transaction logs

All tobacco retailers shall provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:

the name of the tobacco product, the electronic cigarette product, or the nicotine product;

the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and

the date and time of the sale;

In addition, all tobacco retailers are required to maintain an itemized transaction log for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:

the name of the tobacco product, the electronic cigarette product, or the nicotine product;

the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and

the date and time of the sale.

The itemized transaction log shall be maintained by tobacco retailers for at least one year after the date of each transaction in the itemized transaction log, which must be made available to an enforcing agency or a peace officer at their request.

For more information, please see Utah code § 26B-7-512.

Clove cigarettes

Utah law prohibits the sale or gift of clove cigarettes. (Utah Code § 76-10-105.3)

Any person who violates this section is guilty of:

Class B misdemeanor

Flavored electronic cigarette products

Utah law prohibits a retailer that is permitted as a general tobacco retailer from gifting, distributing, selling, offering for sale, furnishing a flavored electronic cigarette product. Only retailers permitted as a retail tobacco specialty business are allowed to sell flavored electronic cigarette products. (Utah Code § 76-10-113)

An individual who violates this section is guilty of:

1st offense: class C misdemeanor
Subsequent offense: class B misdemeanor

For examples of what is considered a flavored electronic cigarette product, please go to Utah Code § 76-10-101(7).

Requirements to sell electronic cigarette products

The Utah Department of Health and Human Services has established requirements to sell an electronic cigarette product regarding labeling, nicotine content, packaging, and product quality for non-manufacturer sealed electronic cigarette substances and manufacturer sealed electronic cigarette products. The authority for these requirements can be found in Utah Code § 26B-7-505 and Utah Administrative Rule R384-415.

The rule requirements for non-manufacturer sealed electronic cigarette substances (otherwise known as e-liquids), have been enforced since July 1, 2017.

The rule requirements for manufacturer sealed electronic cigarette products (otherwise known as a sealed electronic cigarette pods, cartridges, and disposables) have been enforced since September 9, 2021.

Labeling

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 that contain 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 non-manufacturer sealed electronic cigarette substances states: “WARNING: Keep away from children and pets.”
Any industrial hemp products that are either a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product must be compliant with Title 4, Chapter 41, Part 1, Industrial Hemp and Section R68-26-5.

Prohibited sales

The retailer shall be prohibited from selling an an electronic cigarette substance or an electronic cigarette product if they are labeled as having:

additives that create the impression that the product has a health benefit;

additives that are associated with health or energy;

illegal drugs; and

additives that color the vapor.

The retailer shall be prohibited from selling an electronic cigarette substance or an electronic cigarette product that has received a Premarket Tobacco Product Application (PMTA) denial from the U.S. Food and Drug Administration (FDA), if:

no appeal of the PMTA denial was filed; or

all appeals have ben exhausted and the PMTA denial was affirmed.

Any industrial hemp products that are either a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product must be compliant with Title 4, Chapter 41, Part 1, Industrial Hemp and Section R68-26-5 and Section R68-33-5.

Nicotine content

The retailer shall be prohibited from selling a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product to the consumer if the product is not compliant with one of the following:

the nicotine concentration for an electronic cigarette product or substance that is not subject to a PMTA order from the FDA:

for a non-manufacturer sealed electronic cigarette substance is limited to 360 mg nicotine per container, or does not exceed a 24mg/mL concentration of nicotine; or

for a manufacturer sealed electronic cigarette product is limited to 5% by weight per container or does not exceed a 59mg/mL concentration of nicotine;

the electronic cigarette product or substance received a PMTA denial from the FDA, but FDA or a court orders or otherwise permits ongoing sales during the pendency of an appeal; or

the electronic cigarette product or substance received a PMTA approval from FDA.

Product quality

Retailers shall only sell or offer for sale electronic cigarette products meeting federal tobacco product standards.
Retailers shall only sell or offer for sale electronic cigarette products with PMTA or Substantial Equivalent application approval.

A manufacturer or retailer may continue to sell an electronic cigarette product that has not yet received an affirmative marketing order from the FDA by September 9, 2021, if the following criteria are met:

the electronic cigarette product complies with all of the requirements of Utah administrative rule R384-415;

the manufacturer submitted a timely 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.

Record keeping

Retailers shall provide non-manufacturer sealed electronic cigarette substance transaction statements, or manufacturer sealed electronic cigarette product transaction statements, confirming their products meet the requirements of the state rule, to the local health department within 14 calendar days of a request.

Retailers shall have access to the non-manufacturer sealed electronic cigarette substance transaction statements, or manufacturer sealed electronic cigarette product transaction statements, that confirm the products meet the requirements of the state rule for a period of two years after the retailer purchases the products.

Packaging

Non-manufacturer sealed electronic cigarette substance packaging: Needs to meet the standard of child-resistance laid out by the FDA and be compliant with federal standards and law concerning child nicotine poisoning prevention.
Non-manufacturer sealed electronic cigarette substance and manufacturer sealed electronic cigarette product packaging: Product packaging shall be sold in the product’s original packaging.
Non-manufacturer sealed electronic cigarette substances and manufacture sealed electronic cigarette products: Cannot be repackaged or dispensed for retail sale.
Manufacturer sealed electronic cigarette: products that are not intended to be opened by a retailer or a consumer cannot be refilled.
Any industrial hemp products that are either a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product must be compliant with Title 4 Chapter 41, Part 1, Industrial Hemp; and Rule R68-26.

Proper management of e-cigarette waste

Electronic cigarette products that do not receive an affirmative marketing order from the FDA and do not comply with Utah Administrative Rule R384-415 are illegal, and must be removed from retailer shelves and disposed of appropriately.

For more information on how to properly dispose of electronic cigarette products please visit ‘Utah Division of Waste Management & Radiation Control’

For questions, please contact the Utah Division of Waste Management & Radiation control staff:

Judy Moran at (801) 536-0255 or jmoran@utah.gov
Deborah Ng at (801) 536-0218 or dng@utah.gov

Local ordinances

Local health departments have additional ordinances governing the sale of tobacco products, including electronic cigarettes. It is important for retailers to understand these local ordinances in addition to the state and federal rules. Reach out to the local health department where the business is located for a comprehensive list of applicable local ordinances.

Find the local health department’s contact information here.

Disclaimer

Any information submitted on this website may be shared with other government entities as permitted by law, including local health departments, for the purposes of investigation and enforcement.