Utah Code 26B-7-505. Electronic cigarette products — Labeling — Requirements to sell — Advertising — Labeling of nicotine products containing nicotine

26B-7-505. Electronic cigarette products — Labeling — Requirements to sell — Advertising — Labeling of nicotine products containing nicotine.

(1)

The department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance that is not a manufacturer sealed electronic cigarette substance regarding:

Terms Used In Utah Code 26B-7-505

Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
Manufacturer sealed electronic cigarette product: means :

(a)	an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or

(b)

a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Tobacco product: means :

(a)	a tobacco product as defined in Section 76-10-101; or

(b)	tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
(a)	labeling;

(b)	nicotine content;

(c)	packaging; and

(d)	product quality.

(2)

On or before January 1, 2021, the department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell a manufacturer sealed electronic cigarette product regarding:

(a)

labeling;

(b)	nicotine content;

(c)	packaging; and

(d)	product quality.

(3)

(a)	A person may not sell an electronic cigarette substance unless the electronic cigarette substance complies with the requirements established by the department under Subsection (1).

(b)	Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic cigarette product unless the manufacturer sealed electronic cigarette product complies with the requirements established by the department under Subsection (2).

(4)

(a)	A local health department may not enact a rule or regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or product quality that is not identical to the requirements established by the department under Subsections (1) and (2).

(b)	Except as provided in Subsection (4)(c), a local health department may enact a rule or regulation regarding electronic cigarette substance manufacturing.

(c)	A local health department may not enact a rule or regulation regarding a manufacturer sealed electronic cigarette product.

(5)	A person may not advertise an electronic cigarette product as a tobacco cessation device.

(6)

Any nicotine product shall contain the statement described in Subsection (7) if the nicotine product:

(a)

(i)	is not a tobacco product as defined in 21 U.S.C. § 321 and related federal regulations; or

(ii)	is not otherwise required under federal or state law to contain a nicotine warning; and

(b)	contains nicotine.

(7)	A statement shall appear on the exterior packaging of a nicotine product described in Subsection (6) as follows: “This product contains nicotine.”

Renumbered and Amended by Chapter 308, 2023 General Session

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