On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale for tobacco products from 18 to 21 years old.

Effective July 1, 2020, all Utah age-related tobacco laws have been updated from age 19 to age 21. It is now illegal for a retailer to sell tobacco products, electronic cigarette products, nicotine products, and tobacco paraphernalia to anyone younger than 21, including military personnel.

The definition of what is considered a tobacco product, an electronic cigarette product, and a nicotine product has recently changed. 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 10.6% in fiscal year 2021 (July 1, 2020-June 30, 2021).

Over the past 2 fiscal years, the percentage of Utah tobacco retailers who sold tobacco products, electronic cigarette products, or nicotine products to underage individuals during underage sale investigations increased by 66%. The increase in the minimum purchasing age from 19 to 21 years old which became effective July, 1, 2020 may have contributed to higher numbers of violations. The rates of non-compliance for the last 3 fiscal years have been:

6.4% for fiscal year 2019 (July 1, 2018-June 30, 2019),
7.8% for fiscal year 2020 (July 1, 2019-June 30, 2020), and
10.6% for fiscal year 2021 (July 1, 2020-June 30, 2021).

Retailers play an important role in reducing access to tobacco products, electronic cigarette products, and nicotine products to individuals younger than 21. In Utah, an individual must be 21 years old to purchase tobacco products, electronic cigarette products, and nicotine products (Utah Code § 76-10-114).

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 criminal penalty can be given by police to the individual retail employee or owner who sold the product (Utah Code § 76-10-114).
A civil penalty can also be given by the local health department to the tobacco permit holder of the store (Utah Code § 26-62-305).

Criminal Penalty – Given to the individual retail employee who sold the tobacco products, electronic cigarette products, and nicotine products to the individuals younger than 21 (Utah Code § 76-10-114).

First 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.

Civil Penalty – Given to the tobacco permit holder of the store (Utah Code § 26-62-305). The civil penalties imposed are different depending on if the employee or the tobacco retail owner made the illegal sale.

Civil Penalty Issued to General Retailer When Someone Sells to an Individual Younger than 21

First Violation:

Employee Sale: Impose fine of $1,000 on Tobacco Retailer.
Tobacco Retail Owner Sale: Impose fine of $2,000 on Tobacco Retailer.

Second Violation (within 1 year of previous first violation):

Employee Sale: Impose fine of $1,500 on Tobacco Retailer.
Tobacco Retail Owner Sale: Impose fine of $5,000 on Tobacco Retailer and revoke general tobacco retailer permit.

Third Violation (within 2 years of previous two violations):

Employee Sale: Suspension of tobacco permit for 30 consecutive business days, or impose fine of $2,000 imposed on Tobacco Retailer.

Fourth Violation (within 2 years of previous three violations):

Employee Sale: Impose fine of $2,000 on Tobacco Retailer and revoke tobacco permit.

Civil Penalty Issued to Retail Tobacco Specialty Business When Someone Sells to an Individual Younger than 21

First Violation:

Employee or Owner Sale: Impose a fine of $5,000 on Tobacco Retailer and immediately suspend the permit for 30 consecutive days.

Second Violation (within 2 years of the first previous violations):

Employee or Owner Sale: Impose a fine of $10,000 on Tobacco Retailer and revoke the tobacco permit for the retail tobacco specialty business.

Civil monetary penalties can be reduced if the holder of the tobacco license provides proof of an employee training program and that all employees were trained. The Utah Tobacco Retailer Guide and training is an approved employee training program.

Tobacco Paraphernalia

Businesses are not allowed to sell tobacco paraphernalia to individuals younger than 21. The penalty for doing so is a Class C misdemeanor for the first offense, and a Class B misdemeanor for each subsequent offense (Utah Code § 76-10-104.1). For examples of what is considered paraphernalia, please go to Utah Code § 76-10-101(18).

Penalties for Underage Purchases

The following are the penalties for individuals younger than 21 who purchase tobacco products, electronic cigarette products, or nicotine products:

An 18-year-old offender – guilty of an infraction, a $60 fine, and participation in a tobacco education program
An offender under the age of 18 – $60 fine and participation in a tobacco education program

For more information, see Utah Code § 76-10-105.

In-Person Sale Laws

The in-person sale law includes tobacco products, electronic cigarette products, and nicotine products. For the definitions of these products, please go to Utah Code § 76-10-101.

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. 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

As of July 1, 2020 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 § 26-62-206.

Clove Cigarettes

Utah law prohibits the sale or gift of clove cigarettes. The penalty for violating this law is a Class B misdemeanor. For more information, please see Utah Code § 76-10-105.3.

Flavored Electronic Cigarette Products

Utah law prohibits a general tobacco retailer from gifting, distributing, selling, offering for sale, furnishing a flavored electronic cigarette product. Only tobacco retailers permitted as a retail tobacco specialty business are allowed to sell flavored electronic cigarette products. For examples of what is considered a flavored electronic cigarette product, please go to Utah Code § 76-10-101(7).

The penalty for violating this law on the first offense is a Class C misdemeanor and on any subsequent offense is a Class B misdemeanor. For more information, please see Utah Code § 76-10-113.

Requirements to Sell Electronic Cigarette Products

The Utah Department of Health 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 § 26-57 and in 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), will be enforced effective 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

Products shall not be sold 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.

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 and Section R68-33-5.

NICOTINE CONTENT

The nicotine concentration 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; and
The nicotine concentration for a manufacturer sealed electronic cigarette product is limited to 3% nicotine by weight per container, or does not exceed a 36mg/mL concentration of nicotine, effective September 9, 2021.

PACKAGING

Non-manufacturer sealed electronic cigarette substance packaging needs to meet the standard of child-resistance laid out by the FDA and by compliant with federal standards and law concerning child nicotine poisoning prevention.
Non-manufacturer sealed electronic cigarette substance packaging and manufacturer sealed electronic cigarette 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.

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 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.

Proper Management of E-Cigarette Waste

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

The Utah Division of Waste Management & Radiation Control created the E-Cigarette Disposal for Retailers Pamphlet to inform retailers how to properly manage and dispose of electronic cigarette products. For questions, please contact Utah Division of Waste Management & Radiation Control staff Judy Moran at (801) 536-0255 or jmoran@utah.gov, or 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.