Utah 2023 Regular Session

Utah House Bill HB0438 Compare Versions

Only one version of the bill is available at this time.
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11 H.B. 438
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: C. Williams 6
44 6 02-09-23 2:09 PM 6
55 H.B. 438
66 1 ELECTRONIC CIGARETTE REQUIREMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Brady Brammer
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill amends provisions relating to the provision of electronic cigarette products.
1515 10Highlighted Provisions:
1616 11 This bill:
1717 12 <sets a limit for nicotine content for an electronic cigarette product that may be sold
1818 13in the state.
1919 14Money Appropriated in this Bill:
2020 15 None
2121 16Other Special Clauses:
2222 17 None
2323 18Utah Code Sections Affected:
2424 19AMENDS:
2525 20 26-57-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 12
2626 21
2727 22Be it enacted by the Legislature of the state of Utah:
2828 23 Section 1. Section 26-57-103 is amended to read:
2929 24 26-57-103. Electronic cigarette products -- Labeling -- Requirements to sell --
3030 25Advertising.
3131 26 (1) The department shall, in consultation with a local health department and with input
3232 27from members of the public, establish by rule made in accordance with Title 63G, Chapter 3,
3333 *HB0438* H.B. 438 02-09-23 2:09 PM
3434 - 2 -
3535 28Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance
3636 29that is not a manufacturer sealed electronic cigarette substance regarding:
3737 30 (a) labeling;
3838 31 (b) nicotine content;
3939 32 (c) packaging; and
4040 33 (d) product quality.
4141 34 (2) On or before January 1, 2021, the department shall, in consultation with a local
4242 35health department and with input from members of the public, establish by rule made in
4343 36accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements
4444 37to sell a manufacturer sealed electronic cigarette product regarding:
4545 38 (a) labeling;
4646 39 (b) nicotine content;
4747 40 (c) packaging; and
4848 41 (d) product quality.
4949 42 (3) (a) A person may not sell an electronic cigarette substance unless the electronic
5050 43cigarette substance complies with the requirements established by the department under
5151 44Subsection (1).
5252 45 (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
5353 46cigarette product unless the manufacturer sealed electronic cigarette product complies with the
5454 47requirements established by the department under Subsection (2).
5555 48 (4) (a) A local health department may not enact a rule or regulation regarding
5656 49electronic cigarette substance labeling, nicotine content, packaging, or product quality that is
5757 50not identical to the requirements established by the department under Subsections (1) and (2).
5858 51 (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
5959 52or regulation regarding electronic cigarette substance manufacturing.
6060 53 (c) A local health department may not enact a rule or regulation regarding a
6161 54manufacturer sealed electronic cigarette product.
6262 55 (5) A person may not advertise an electronic cigarette product as a tobacco cessation
6363 56device.
6464 57 (6) Beginning October 1, 2023, the department shall set a standard for nicotine content
6565 58that: 02-09-23 2:09 PM H.B. 438
6666 - 3 -
6767 59 (a) for a product described in Subsection (1), does not exceed:
6868 60 (i) 360 milliliters per container; or
6969 61 (ii) a 24 milligrams per milliliter concentration of nicotine; and
7070 62 (b) for a product described in Subsection (2), does not exceed:
7171 63 (i) 3% nicotine by weight per container; or
7272 64 (ii) a 36 milligrams per milliliter concentration of nicotine.