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2020 Utah Code
Title 26 - Utah Health Code
Chapter 57 - Electronic Cigarette and Nicotine Product Regulation Act
Section 103 - Electronic cigarette products -- Labeling -- Manufacturing and quality control standards -- Advertising.
Universal Citation: UT Code § 26-57-103 (2020)
Effective 7/1/2020
26-57-103. Electronic cigarette products -- Labeling -- Manufacturing and quality control standards -- Advertising.
Amended by Chapter 302, 2020 General Session
26-57-103. Electronic cigarette products -- Labeling -- Manufacturing and quality control standards -- Advertising.
- (1) The department shall, in consultation with a local health department, as defined in Section 26A-1-102, and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards for electronic cigarette substance:
- (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, as defined in Section 26A-1-102, and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards for manufacturer sealed electronic cigarette substance:
- (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 standards established by the department under Subsection (1).
- (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic cigarette substance unless the manufacturer sealed electronic cigarette substance complies with the standards 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 standards 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 substance.
- (5) A person may not advertise an electronic cigarette product:
- (a) as a tobacco cessation device;
- (b) if the person is not licensed to sell an electronic cigarette product under Section 59-14-803; or
- (c) during a period of time when the person's license to sell an electronic cigarette product under Section 59-14-803 has been suspended or revoked.
Amended by Chapter 302, 2020 General Session
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