E-Cigarette Regulations - Utah

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
Utah Code Ann. §§ 26-62-102(11); 17-50-333(g); 10-8-41.6(1)(i) (2020)

 

How does the state define an e-cigarette?

Sales and Use Restrictions:

Electronic cigarette means “(i) any electronic oral device: (A) that provides an aerosol or vapor of nicotine or other substance; and (B) which simulates smoking through the use or inhalation of the device; (ii) a component of [such a device[; or (iii) an accessory sold in the same package as [such a device]…[and] includes any oral device that is: (i) composed of a heating element, battery or electronic circuit; and (ii) marketed, manufactured, distributed, or sold as [an e-cigarette, e-cigar, e-pipe or]…any other product name or descriptor…”
Utah Code Ann. 76-10-101(4) (2020)

Electronic cigarette product means “an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.”
Utah Code Ann. 76-10-101(5) (2020)

Electronic cigarette substance means “any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette.”
Utah Code Ann. 76-10-101(6) (2020)

Tobacco paraphernalia means “equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance…into the human body.”
Utah Code Ann. § 76-10-101(17) (2020)

Prefilled electronic cigarette means “an electronic cigarette that is sold prefilled with an electronic cigarette substance.
Utah Code Ann. § 76-10-101(13) (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Electronic cigarette substances and prefilled electronic cigarettes taxed at rate of .56 of the manufacturer’s sales price.
Utah Code. Ann. § 59-14-804(2)(a) (2020)

 

What regulations are in place for e-cigarette packaging?

Sales of unsealed electronic cigarette substances (e.g., refillable or open systems) must comply with state labeling, packaging, and nicotine content restrictions including: required safety warning, prohibition on labels reflecting certain additives, maximum nicotine levels, and child-resistant packaging.
Utah Admin. Code r. 384-415-3 through 384-415-6 (2020) (authorized by Utah Code Ann. § 26-57-103 (2020))

 

What restrictions are in place for retail or youth access?

Selling/distributing electronic cigarette product  to persons under age 21 prohibited.
Utah Code Ann. §§ 76-10-104(2), 104.1(2)(a) (2020)

Purchase/possession of electronic cigarette product by person aged 21 years or younger prohibited.
Utah Code Ann. §§ 76-10-105(1), (2) (2020)

Retail sales of electronic cigarette product to consumer must be through a face-to-face exchange, except sales through a tobacco specialty shop, vending machine or self-service display inaccessible to persons under age 21. The minimum age of entry will be increased to 20 as of July 1, 2020, and to 21 as of July 1, 2021.
Utah Code Ann. § 76-10-105.1(2), (3) (2020)

Tobacco specialty businesses (including those selling electronic cigarettes) must prohibit anyone under age 21 from entering (unless accompanied by parent or legal guardian, or is present for a bona fide commercial purpose other than to purchase an electronic cigarette product) or is 18 and older and active-duty military). The age of legal entry will be raised to 20 on July 1, 2020, and to 21 on July 1, 2021.
Utah Code Ann. § 26-62-205.1(4) (2020)

Tobacco retail specialty businesses (including those selling electronic cigarettes) must be located 1,000 feet from “community locations” (including, but not limited to, schools, churches, playgrounds and youth centers), 600 feet from other tobacco specialty shops, and 600 feet from property used or zoned for agriculture or residential use (with some exemptions).
Utah Code Ann. §§ 17-50-333(4)(a); 10-8-41.6(4)(a); 17-50-333(7) (exemptions); 10-8-41.6(7) (2020) (exemptions)

No place of business may knowingly permit an individual under age 21 years to frequent a place of business while using an electronic cigarette product.
Utah Code Ann. 76-10-103 (2020)

Distribution of electronic cigarette samples restricted to distribution to adults at “professional conventions” or with “purchase of another tobacco product or electronic cigarette.”
Utah Code Ann. § 76-10-111 (2020)

Electronic cigarette products may not be sold or furnished at less than cost or at a discount through a combination sale.
Utah Code. Ann. § 76-10-111(2) (2020)

Internet and other remote sales restricted to “licensed persons” (including licensed distributors, manufacturers and retailers).
Utah Code § 59-14-509 (2020)

Flavored electronic cigarette products may only be sold through tobacco retail specialty businesses.
Utah Code Ann. § 76-10-113(1) (2020)

 

Is a retail license or permit required to sell e-cigarettes?

Yes. Selling/distributing  electronic cigarettes requires a state license.
Utah Code Ann. § 59-14-803(1) (2020)

Retailers of electronic cigarettes must hold a valid tobacco retail permit from local health department.
Utah Code Ann. §§ 26-62-201; 17-50-333(3)(a); 10-8-41.6(3)(a); 59-14-803(1) (2020)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic cigarettes included in definition of “smoking” and prohibited in same places smoking is prohibited, including most public indoor spaces.
Utah Code Ann. § 26-38-2(6) (2020) (defining smoking); including most public indoor slaces (with some exceptions). Utah Code Ann. § 26-38-3 (2020)

Distribution of electronic cigarette products prohibited in a correctional facility.
Utah Code Ann. § 76-8-311.3(5)(d) (2020)

School boards directed to adopt rules prohibiting use and possession of electronic cigarettes on school property and at sponsored activities.
Utah Code Ann. § 53G-8-209(2)(b)(ii)(B) (2020)

Use of e-cigarettes prohibited in cars when person 15 years or younger is present.
Utah Code Ann. § 41-6a-1717 (2020)

 

Utah e-cigarette regulations as of September 15, 2020.

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