Utah 2023 Regular Session

Utah House Bill HB0438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 438
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: C. Williams 6
4	4	6 02-09-23 2:09 PM 6
5	5	H.B. 438
6	6	1 ELECTRONIC CIGARETTE REQUIREMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Brady Brammer
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill amends provisions relating to the provision of electronic cigarette products.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <sets a limit for nicotine content for an electronic cigarette product that may be sold
18	18	13in the state.
19	19	14Money Appropriated in this Bill:
20	20	15 None
21	21	16Other Special Clauses:
22	22	17 None
23	23	18Utah Code Sections Affected:
24	24	19AMENDS:
25	25	20 26-57-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 12
26	26	21
27	27	22Be it enacted by the Legislature of the state of Utah:
28	28	23 Section 1. Section 26-57-103 is amended to read:
29	29	24 26-57-103. Electronic cigarette products -- Labeling -- Requirements to sell --
30	30	25Advertising.
31	31	26 (1) The department shall, in consultation with a local health department and with input
32	32	27from members of the public, establish by rule made in accordance with Title 63G, Chapter 3,
33	33	HB0438 H.B. 438 02-09-23 2:09 PM
34	34	- 2 -
35	35	28Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance
36	36	29that is not a manufacturer sealed electronic cigarette substance regarding:
37	37	30 (a) labeling;
38	38	31 (b) nicotine content;
39	39	32 (c) packaging; and
40	40	33 (d) product quality.
41	41	34 (2) On or before January 1, 2021, the department shall, in consultation with a local
42	42	35health department and with input from members of the public, establish by rule made in
43	43	36accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements
44	44	37to sell a manufacturer sealed electronic cigarette product regarding:
45	45	38 (a) labeling;
46	46	39 (b) nicotine content;
47	47	40 (c) packaging; and
48	48	41 (d) product quality.
49	49	42 (3) (a) A person may not sell an electronic cigarette substance unless the electronic
50	50	43cigarette substance complies with the requirements established by the department under
51	51	44Subsection (1).
52	52	45 (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
53	53	46cigarette product unless the manufacturer sealed electronic cigarette product complies with the
54	54	47requirements established by the department under Subsection (2).
55	55	48 (4) (a) A local health department may not enact a rule or regulation regarding
56	56	49electronic cigarette substance labeling, nicotine content, packaging, or product quality that is
57	57	50not identical to the requirements established by the department under Subsections (1) and (2).
58	58	51 (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
59	59	52or regulation regarding electronic cigarette substance manufacturing.
60	60	53 (c) A local health department may not enact a rule or regulation regarding a
61	61	54manufacturer sealed electronic cigarette product.
62	62	55 (5) A person may not advertise an electronic cigarette product as a tobacco cessation
63	63	56device.
64	64	57 (6) Beginning October 1, 2023, the department shall set a standard for nicotine content
65	65	58that: 02-09-23 2:09 PM H.B. 438
66	66	- 3 -
67	67	59 (a) for a product described in Subsection (1), does not exceed:
68	68	60 (i) 360 milliliters per container; or
69	69	61 (ii) a 24 milligrams per milliliter concentration of nicotine; and
70	70	62 (b) for a product described in Subsection (2), does not exceed:
71	71	63 (i) 3% nicotine by weight per container; or
72	72	64 (ii) a 36 milligrams per milliliter concentration of nicotine.