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