Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
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 an 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) (2021)
Electronic cigarette product means “an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.”
Utah Code Ann. § 76-10-101(5) (2021)
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) (2021)
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 [or] an electronic cigarette substance…into the human body.”
Utah Code Ann. § 76-10-101(18)(a) (2021)
Prefilled electronic cigarette means “an electronic cigarette that is sold prefilled with an electronic cigarette substance.”
Utah Code Ann. § 76-10-101(14) (2021)
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) (2021)
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 (2021) (authorized by Utah Code Ann. § 26-57-103 (2021))
What restrictions are in place for retail or youth access?
Purchase/possession of electronic cigarette product by person younger than 21 years of age prohibited.
Utah Code Ann. §§ 76-10-105(1), (2) (2021)
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, legally compliant remote sales, or self-service display inaccessible to persons under age 21.
Utah Code Ann. § 76-10-105.1(2), (3) (2021)
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 solely to provide a service to the business, including making a delivery, is monitored by an employee and not permitted to make any purchase).
Utah Code Ann. §§ 26-62-205(1)(b); 76-10-105.1(4) (2021)
Tobacco retail specialty businesses (including those selling electronic cigarettes) must be located 1,000 feet from “community location[s]” (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) (2021) (exemptions)
Tobacco retail specialty businesses may not employ individuals under 21 years of age to sell electronic cigarette products or permit an employee under 21 years of age to sell an electronic cigarette product.
Utah Code. Ann. § 26-62-205(2) (2021)
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 (2021)
Distribution of electronic cigarette samples restricted to distribution to adults at “professional conventions.”
Utah Code Ann. § 76-10-111 (2021)
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) (2021)
Internet and other remote sales restricted to “licensed persons” (including licensed distributors, manufacturers and retailers).
Utah Code Ann. § 59-14-808(2) (2021)
Flavored electronic cigarette products may only be sold through tobacco retail specialty businesses.
Utah Code Ann. § 76-10-113(1) (2021)
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) (2021)
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 (Utah Code Ann. § 26-38-2(6) (2021) (defining smoking)), including most public indoor spaces (with some exceptions).
Utah Code Ann. § 26-38-3 (2021)
Distribution of electronic cigarette products prohibited in a correctional facility.
Utah Code Ann. § 76-8-311.3(5)(d) (2021)
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) (2021)
Use of e-cigarettes prohibited in cars when person 15 years or younger is present.
Utah Code Ann. § 41-6a-1717 (2021)
Utah e-cigarette regulations as of September 15, 2021.