03-04 19:04 4th Sub. (Green) H.B. 432
Matt MacPherson proposes the following substitute bill:
1
Tobacco and Electronic Cigarette Enforcement Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Todd Weiler
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions related to tobacco and electronic cigarette products.
6
Highlighted Provisions:
7
This bill:
8
▸ repeals the ban on flavored electronic cigarette products;
9
▸ prohibits the sale of flavored electronic cigarette products if they do not meet certain
10
tracking requirements;
11
▸ modifies the nicotine content limit for electronic cigarette products;
12
▸ amends provisions related to electronic cigarette product enforcement;
13
▸ excludes flavored electronic cigarette products from the requirement that electronic
14
cigarette products obtain premarket authorization from the federal Food and Drug
15
Administration;
16
▸ creates a temporary registry for flavored electronic cigarette products;
17
▸ modifies the electronic cigarette product registry;
18
▸ creates a flavored electronic cigarette product registry;
19
▸ creates requirements for what type of flavored electronic cigarette products may be sold
20
in the state;
21
▸ requires the Department of Public Safety to create systems to improve enforcement of
22
tobacco and electronic cigarette laws;
23
▸ creates penalties for general retail tobacco businesses that sell flavored electronic
24
cigarette products;
25
▸ raises permit fees for general tobacco retailers;
26
▸ for retail tobacco specialty businesses:
27
● raises permit fees;
28
● creates identification scanning requirements; and
4th Sub. H.B. 432 4th Sub. (Green) H.B. 432 03-04 19:04
29
● creates surveillance footage requirements;
30
▸ creates a tobacco handling permit for retail tobacco specialty business employees and
31
operators;
32
▸ creates a tax on flavored electronic cigarette products;
33
▸ amends criminal penalties regarding the illegal sale of tobacco and electronic cigarette
34
products;
35
▸ creates a criminal penalty for the use of certain flavored electronic cigarettes;
36
▸ prohibits retail tobacco specialty businesses from selling a product containing nicotine to
37
a restricted nicotine individual;
38
▸ requires the court to designate an individual as a nicotine restricted individual if the
39
individual is convicted of providing certain products containing nicotine to a minor; and
40
▸ includes a coordination clause with H.B. 21, Criminal Code Recodification and Cross
41
References, to ensure the policy changes made in this bill are accurately reflected if both
42
bills pass.
43
Money Appropriated in this Bill:
44
None
45
Other Special Clauses:
46
This bill provides a special effective date.
47
This bill provides a coordination clause.
48
Utah Code Sections Affected:
49
AMENDS:
50
10-8-41.6 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
51
Chapter 470
52
17-50-333 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
53
Chapter 470
54
26B-7-501 (Effective upon governor's approval), as renumbered and amended by Laws
55
of Utah 2023, Chapter 308
56
26B-7-505 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
57
Chapter 470
58
26B-7-509 (Effective upon governor's approval), as renumbered and amended by Laws
59
of Utah 2023, Chapter 308
60
26B-7-511 (Effective upon governor's approval), as renumbered and amended by Laws
61
of Utah 2023, Chapter 308
62
26B-7-518 (Effective upon governor's approval), as renumbered and amended by Laws
- 2 - 03-04 19:04 4th Sub. (Green) H.B. 432
63
of Utah 2023, Chapter 308
64
26B-7-521 (Effective upon governor's approval), as renumbered and amended by Laws
65
of Utah 2023, Chapter 308
66
53-1-106 [(Effective 12/31/24) ] (Effective upon governor's approval), as last amended by
67
Laws of Utah 2024, Chapter 506
68
59-14-102 (Effective upon governor's approval), as last amended by Laws of Utah 2022,
69
Chapter 199
70
59-14-810 (Effective upon governor's approval), as enacted by Laws of Utah 2024,
71
Chapter 470
72
63I-2-226 [(Effective 07/01/24) ] (Effective upon governor's approval), as last amended by
73
Laws of Utah 2024, Third Special Session, Chapter 5
74
63I-2-259 (Effective 06/21/24), as last amended by Laws of Utah 2024, Third Special
75
Session, Chapter 5
76
76-10-101 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
77
Chapter 470
78
76-10-104 (Effective upon governor's approval), as last amended by Laws of Utah 2020,
79
Chapters 302, 347
80
76-10-104.1 (Effective upon governor's approval), as last amended by Laws of Utah
81
2020, Chapters 302, 347
82
76-10-105.1 (Effective upon governor's approval), as last amended by Laws of Utah
83
2021, Chapter 348
84
76-10-111 (Effective upon governor's approval), as last amended by Laws of Utah 2020,
85
Chapters 302, 347
86
76-10-112 (Effective upon governor's approval), as last amended by Laws of Utah 2020,
87
Chapter 302
88
76-10-113 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
89
Chapter 470
90
76-10-114 (Effective upon governor's approval), as last amended by Laws of Utah 2021,
91
First Special Session, Chapter 12
92
ENACTS:
93
26B-7-505.1 (Effective upon governor's approval), Utah Code Annotated 1953
94
26B-7-523 (Effective upon governor's approval), Utah Code Annotated 1953
95
59-14-901 (Effective 01/01/26), Utah Code Annotated 1953
96
59-14-902 (Effective 01/01/26), Utah Code Annotated 1953
- 3 - 4th Sub. (Green) H.B. 432 03-04 19:04
97
59-14-903 (Effective 01/01/26), Utah Code Annotated 1953
98
59-14-904 (Effective 01/01/26), Utah Code Annotated 1953
99
59-14-905 (Effective 01/01/26), Utah Code Annotated 1953
100
59-14-906 (Effective 01/01/26), Utah Code Annotated 1953
101
59-14-907 (Effective 01/01/26), Utah Code Annotated 1953
102
59-14-908 (Effective 01/01/26), Utah Code Annotated 1953
103
76-10-113.1 (Effective upon governor's approval), Utah Code Annotated 1953
104
76-10-113.2 (Effective upon governor's approval), Utah Code Annotated 1953
105
REPEALS:
106
26A-1-131 (Effective upon governor's approval), as enacted by Laws of Utah 2024,
107
Chapter 470
108
Utah Code Sections affected by Coordination Clause:
109
110
Be it enacted by the Legislature of the state of Utah:
111
Section 1. Section 10-8-41.6 is amended to read:
112
10-8-41.6 (Effective upon governor's approval). Regulation of retail tobacco
113
specialty business.
114
(1) As used in this section:
115
(a) "Community location" means:
116
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
117
(ii) a licensed child-care facility or preschool;
118
(iii) a trade or technical school;
119
(iv) a church;
120
(v) a public library;
121
(vi) a public playground;
122
(vii) a public park;
123
(viii) a youth center or other space used primarily for youth oriented activities;
124
(ix) a public recreational facility;
125
(x) a public arcade; or
126
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
127
(b) "Department" means the Department of Health and Human Services created in
128
Section 26B-1-201.
129
(c) "Electronic cigarette product" means the same as that term is defined in Section
130
76-10-101.
- 4 - 03-04 19:04 4th Sub. (Green) H.B. 432
131
(d) "Flavored electronic cigarette product" means the same as that term is defined in
132
Section 76-10-101.
133
[(d)] (e) "Licensee" means a person licensed under this section to conduct business as a
134
retail tobacco specialty business.
135
[(e)] (f) "Local health department" means the same as that term is defined in Section
136
26A-1-102.
137
[(f)] (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
138
[(g)] (h) "Retail tobacco specialty business" means a commercial establishment in which:
139
(i) sales of tobacco products, electronic cigarette products, and nicotine products
140
account for more than 35% of the total quarterly gross receipts for the
141
establishment;
142
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
143
storage of tobacco products, electronic cigarette products, or nicotine products;
144
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage
145
of tobacco products, electronic cigarette products, or nicotine products;
146
(iv) the commercial establishment:
147
(A) holds itself out as a retail tobacco specialty business; and
148
(B) causes a reasonable person to believe the commercial establishment is a retail
149
tobacco specialty business;[ or]
150
(v) the retail space features a self-service display for tobacco products, electronic
151
cigarette products, or nicotine products[.] ; or
152
(vi) any flavored electronic cigarette product is sold.
153
[(h)] (i) "Self-service display" means the same as that term is defined in Section
154
76-10-105.1.
155
[(i)] (j) "Tobacco product" means:
156
(i) a tobacco product as defined in Section 76-10-101; or
157
(ii) tobacco paraphernalia as defined in Section 76-10-101.
158
(2) The regulation of a retail tobacco specialty business is an exercise of the police powers
159
of the state by the state or by delegation of the state's police powers to other
160
governmental entities.
161
(3)(a) A person may not operate a retail tobacco specialty business in a municipality
162
unless the person obtains a license from the municipality in which the retail tobacco
163
specialty business is located.
164
(b) A municipality may only issue a retail tobacco specialty business license to a person
- 5 - 4th Sub. (Green) H.B. 432 03-04 19:04
165
if the person complies with the provisions of Subsections (4) and (5).
166
(4)(a) Except as provided in Subsection (7), a municipality may not issue a license for a
167
person to conduct business as a retail tobacco specialty business if the retail tobacco
168
specialty business is located within:
169
(i) 1,000 feet of a community location;
170
(ii) 600 feet of another retail tobacco specialty business; or
171
(iii) 600 feet from property used or zoned for:
172
(A) agriculture use; or
173
(B) residential use.
174
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in a
175
straight line from the nearest entrance of the retail tobacco specialty business to the
176
nearest property boundary of a location described in Subsections (4)(a)(i) through
177
(iii), without regard to intervening structures or zoning districts.
178
(5) A municipality may not issue or renew a license for a person to conduct business as a
179
retail tobacco specialty business until the person provides the municipality with proof
180
that the retail tobacco specialty business has:
181
(a) a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter
182
7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the
183
local health department having jurisdiction over the area in which the retail tobacco
184
specialty business is located; and
185
(b)(i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
186
Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco
187
product; and
188
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
189
license issued by the State Tax Commission in accordance with Section 59-14-803
190
to sell an electronic cigarette product or a nicotine product.
191
(6)(a) Nothing in this section:
192
(i) requires a municipality to issue a retail tobacco specialty business license; or
193
(ii) prohibits a municipality from adopting more restrictive requirements on a person
194
seeking a license or renewal of a license to conduct business as a retail tobacco
195
specialty business.
196
(b) A municipality may suspend or revoke a retail tobacco specialty business license
197
issued under this section:
198
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
- 6 - 03-04 19:04 4th Sub. (Green) H.B. 432
199
Part 16, Pattern of Unlawful Activity Act;
200
(ii) if a licensee violates federal law or federal regulations restricting the sale and
201
distribution of tobacco products or electronic cigarette products to protect children
202
and adolescents;
203
(iii) upon the recommendation of the department or a local health department under
204
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and
205
Nicotine Products; or
206
(iv) under any other provision of state law or local ordinance.
207
(7)(a) A retail tobacco specialty business is exempt from Subsection (4) if:
208
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
209
license to conduct business as a retail tobacco specialty business;
210
(ii) the retail tobacco specialty business is operating in a municipality in accordance
211
with all applicable laws except for the requirement in Subsection (4); and
212
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
213
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or
214
high school.
215
(b) A retail tobacco specialty business may maintain an exemption under Subsection
216
(7)(a) if:
217
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
218
or permanent revocation;
219
(ii) the retail tobacco specialty business does not close for business or otherwise
220
suspend the sale of tobacco products, electronic cigarette products, or nicotine
221
products for more than 60 consecutive days;
222
(iii) the retail tobacco specialty business does not substantially change the business
223
premises or business operation; and
224
(iv) the retail tobacco specialty business maintains the right to operate under the
225
terms of other applicable laws, including:
226
(A) Section 26B-7-503;
227
(B) zoning ordinances;
228
(C) building codes; and
229
(D) the requirements of the license described in Subsection (7)(a)(i).
230
(c) A retail tobacco specialty business that does not qualify for an exemption under
231
Subsection (7)(a) is exempt from Subsection (4) if:
232
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
- 7 - 4th Sub. (Green) H.B. 432 03-04 19:04
233
general tobacco retailer permit or a retail tobacco specialty business permit under
234
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and
235
Nicotine Products, by the local health department having jurisdiction over the area
236
in which the retail tobacco specialty business is located;
237
(ii) the retail tobacco specialty business is operating in the municipality in accordance
238
with all applicable laws except for the requirement in Subsection (4); and
239
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
240
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or
241
high school.
242
(d) Except as provided in Subsection (7)(e), a retail tobacco specialty business may
243
maintain an exemption under Subsection (7)(c) if:
244
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
245
retail tobacco specialty business permit from the local health department having
246
jurisdiction over the area in which the retail tobacco specialty business is located;
247
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without
248
lapse or permanent revocation;
249
(iii) the retail tobacco specialty business does not close for business or otherwise
250
suspend the sale of tobacco products, electronic cigarette products, or nicotine
251
products for more than 60 consecutive days;
252
(iv) the retail tobacco specialty business does not substantially change the business
253
premises or business operation as the business existed when the retail tobacco
254
specialty business received a permit under Subsection (7)(d)(i); and
255
(v) the retail tobacco specialty business maintains the right to operate under the terms
256
of other applicable laws, including:
257
(A) Section 26B-7-503;
258
(B) zoning ordinances;
259
(C) building codes; and
260
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
261
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
262
located within 1,000 feet of a public or private kindergarten, elementary, middle,
263
junior high, or high school before July 1, 2022, is exempt from Subsection
264
(4)(a)(iii)(B) if the retail tobacco specialty business:
265
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial
266
use and located within a group of architecturally unified commercial
- 8 - 03-04 19:04 4th Sub. (Green) H.B. 432
267
establishments built on a site that is planned, developed, owned, and managed as
268
an operating unit; and
269
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
270
directly related to the relocation described in this Subsection (7)(e).
271
Section 2. Section 17-50-333 is amended to read:
272
17-50-333 (Effective upon governor's approval). Regulation of retail tobacco
273
specialty business.
274
(1) As used in this section:
275
(a) "Community location" means:
276
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
277
(ii) a licensed child-care facility or preschool;
278
(iii) a trade or technical school;
279
(iv) a church;
280
(v) a public library;
281
(vi) a public playground;
282
(vii) a public park;
283
(viii) a youth center or other space used primarily for youth oriented activities;
284
(ix) a public recreational facility;
285
(x) a public arcade; or
286
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
287
(b) "Department" means the Department of Health and Human Services created in
288
Section 26B-1-201.
289
(c) "Electronic cigarette product" means the same as that term is defined in Section
290
76-10-101.
291
(d) "Flavored electronic cigarette product" means the same as that term is defined in
292
Section 76-10-101.
293
[(d)] (e) "Licensee" means a person licensed under this section to conduct business as a
294
retail tobacco specialty business.
295
[(e)] (f) "Local health department" means the same as that term is defined in Section
296
26A-1-102.
297
[(f)] (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
298
[(g)] (h) "Retail tobacco specialty business" means a commercial establishment in which:
299
(i) sales of tobacco products, electronic cigarette products, and nicotine products
300
account for more than 35% of the total quarterly gross receipts for the
- 9 - 4th Sub. (Green) H.B. 432 03-04 19:04
301
establishment;
302
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
303
storage of tobacco products, electronic cigarette products, or nicotine products;
304
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage
305
of tobacco products, electronic cigarette products, or nicotine products;
306
(iv) the commercial establishment:
307
(A) holds itself out as a retail tobacco specialty business; and
308
(B) causes a reasonable person to believe the commercial establishment is a retail
309
tobacco specialty business;[ or]
310
(v) the retail space features a self-service display for tobacco products, electronic
311
cigarette products, or nicotine products[.] ; or
312
(vi) any flavored electronic cigarette product is sold.
313
[(h)] (i) "Self-service display" means the same as that term is defined in Section
314
76-10-105.1.
315
[(i)] (j) "Tobacco product" means:
316
(i) the same as that term is defined in Section 76-10-101; or
317
(ii) tobacco paraphernalia as defined in Section 76-10-101.
318
(2) The regulation of a retail tobacco specialty business is an exercise of the police powers
319
of the state by the state or by the delegation of the state's police power to other
320
governmental entities.
321
(3)(a) A person may not operate a retail tobacco specialty business in a county unless the
322
person obtains a license from the county in which the retail tobacco specialty
323
business is located.
324
(b) A county may only issue a retail tobacco specialty business license to a person if the
325
person complies with the provisions of Subsections (4) and (5).
326
(4)(a) Except as provided in Subsection (7), a county may not issue a license for a
327
person to conduct business as a retail tobacco specialty business if the retail tobacco
328
specialty business is located within:
329
(i) 1,000 feet of a community location;
330
(ii) 600 feet of another retail tobacco specialty business; or
331
(iii) 600 feet from property used or zoned for:
332
(A) agriculture use; or
333
(B) residential use.
334
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in a
- 10 - 03-04 19:04 4th Sub. (Green) H.B. 432
335
straight line from the nearest entrance of the retail tobacco specialty business to the
336
nearest property boundary of a location described in Subsections (4)(a)(i) through
337
(iii), without regard to intervening structures or zoning districts.
338
(5) A county may not issue or renew a license for a person to conduct business as a retail
339
tobacco specialty business until the person provides the county with proof that the retail
340
tobacco specialty business has:
341
(a) a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter
342
7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the
343
local health department having jurisdiction over the area in which the retail tobacco
344
specialty business is located; and
345
(b)(i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
346
Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco
347
product; or
348
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
349
license issued by the State Tax Commission in accordance with Section 59-14-803
350
to sell an electronic cigarette product or a nicotine product.
351
(6)(a) Nothing in this section:
352
(i) requires a county to issue a retail tobacco specialty business license; or
353
(ii) prohibits a county from adopting more restrictive requirements on a person
354
seeking a license or renewal of a license to conduct business as a retail tobacco
355
specialty business.
356
(b) A county may suspend or revoke a retail tobacco specialty business license issued
357
under this section:
358
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
359
Part 16, Pattern of Unlawful Activity Act;
360
(ii) if a licensee violates federal law or federal regulations restricting the sale and
361
distribution of tobacco products or electronic cigarette products to protect children
362
and adolescents;
363
(iii) upon the recommendation of the department or a local health department under
364
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and
365
Nicotine Products; or
366
(iv) under any other provision of state law or local ordinance.
367
(7)(a) Except as provided in Subsection (7)(e), a retail tobacco specialty business is
368
exempt from Subsection (4) if:
- 11 - 4th Sub. (Green) H.B. 432 03-04 19:04
369
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
370
license to conduct business as a retail tobacco specialty business;
371
(ii) the retail tobacco specialty business is operating in a county in accordance with
372
all applicable laws except for the requirement in Subsection (4); and
373
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
374
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or
375
high school.
376
(b) A retail tobacco specialty business may maintain an exemption under Subsection
377
(7)(a) if:
378
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
379
or permanent revocation;
380
(ii) the retail tobacco specialty business does not close for business or otherwise
381
suspend the sale of tobacco products, electronic cigarette products, or nicotine
382
products for more than 60 consecutive days;
383
(iii) the retail tobacco specialty business does not substantially change the business
384
premises or business operation; and
385
(iv) the retail tobacco specialty business maintains the right to operate under the
386
terms of other applicable laws, including:
387
(A) [Title 26, Chapter 38, Utah Indoor Clean Air Act] Section 26B-7-503;
388
(B) zoning ordinances;
389
(C) building codes; and
390
(D) the requirements of the license described in Subsection (7)(a)(i).
391
(c) A retail tobacco specialty business that does not qualify for an exemption under
392
Subsection (7)(a) is exempt from Subsection (4) if:
393
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
394
general tobacco retailer permit or a retail tobacco specialty business permit under [
395
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail
396
Permit] Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products,
397
and Nicotine Products, by the local health department having jurisdiction over the
398
area in which the retail tobacco specialty business is located;
399
(ii) the retail tobacco specialty business is operating in the county in accordance with
400
all applicable laws except for the requirement in Subsection (4); and
401
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
402
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or
- 12 - 03-04 19:04 4th Sub. (Green) H.B. 432
403
high school.
404
(d) A retail tobacco specialty business may maintain an exemption under Subsection
405
(7)(c) if:
406
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
407
retail tobacco specialty business permit from the local health department having
408
jurisdiction over the area in which the retail tobacco specialty business is located;
409
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without
410
lapse or permanent revocation;
411
(iii) the retail tobacco specialty business does not close for business or otherwise
412
suspend the sale of tobacco products, electronic cigarette products, or nicotine
413
products for more than 60 consecutive days;
414
(iv) the retail tobacco specialty business does not substantially change the business
415
premises or business operation as the business existed when the retail tobacco
416
specialty business received a permit under Subsection (7)(d)(i); and
417
(v) the retail tobacco specialty business maintains the right to operate under the terms
418
of other applicable laws, including:
419
(A) [Title 26, Chapter 38, Utah Indoor Clean Air Act] Section 26B-7-503;
420
(B) zoning ordinances;
421
(C) building codes; and
422
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
423
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
424
located within 1,000 feet of a public or private kindergarten, elementary, middle,
425
junior high, or high school before July 1, 2022, is exempt from Subsection
426
(4)(a)(iii)(B) if the retail tobacco specialty business:
427
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial
428
use and located within a group of architecturally unified commercial
429
establishments built on a site that is planned, developed, owned, and managed as
430
an operating unit; and
431
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
432
directly related to the relocation described in this Subsection (7)(e).
433
Section 3. Section 26B-7-501 is amended to read:
434
26B-7-501 (Effective upon governor's approval). Definitions.
435
As used in this part:
436
(1) "Community location" means the same as that term is defined:
- 13 - 4th Sub. (Green) H.B. 432 03-04 19:04
437
(a) as it relates to a municipality, in Section 10-8-41.6; and
438
(b) as it relates to a county, in Section 17-50-333.
439
(2) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
440
(3) "Electronic cigarette product" means the same as that term is defined in Section
441
76-10-101.
442
(4) "Electronic cigarette substance" means the same as that term is defined in Section
443
76-10-101.
444
(5) "Employee" means an employee of a tobacco retailer.
445
(6) "Enforcing agency" means the department, or any local health department enforcing the
446
provisions of this part.
447
(7) "Flavored electronic cigarette product" means the same as that term is defined in
448
Section 76-10-101.
449
[(7)] (8) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
450
specialty business.
451
[(8)] (9) "Local health department" means the same as that term is defined in Section
452
26A-1-102.
453
[(9)] (10) "Manufacture" includes:
454
(a) to cast, construct, or make electronic cigarettes; or
455
(b) to blend, make, process, or prepare an electronic cigarette substance.
456
[(10)] (11) "Manufacturer sealed electronic cigarette substance" means an electronic
457
cigarette substance that is sold in a container that:
458
(a) is prefilled by the electronic cigarette substance manufacturer; and
459
(b) the electronic cigarette manufacturer does not intend for a consumer to open.
460
[(11)] (12) "Manufacturer sealed electronic cigarette product" means:
461
(a) an electronic cigarette substance or container that the electronic cigarette
462
manufacturer does not intend for a consumer to open or refill; or
463
(b) a prefilled electronic cigarette as that term is defined in Section 76-10-101.
464
[(12)] (13) "Nicotine" means the same as that term is defined in Section 76-10-101.
465
[(13)] (14) "Nicotine product" means the same as that term is defined in Section 76-10-101.
466
(15) "Nicotine restricted individual" means the same as that term is defined in Section
467
76-10-101.
468
[(14)] (16) "Non-tobacco shisha" means any product that:
469
(a) does not contain tobacco or nicotine; and
470
(b) is smoked or intended to be smoked in a hookah or water pipe.
- 14 - 03-04 19:04 4th Sub. (Green) H.B. 432
471
[(15)] (17) "Owner" means a person holding a 20% ownership interest in the business that is
472
required to obtain a permit under this part.
473
[(16)] (18) "Permit" means a tobacco retail permit issued under Section 26B-7-507.
474
[(17)] (19) "Place of public access" means any enclosed indoor place of business,
475
commerce, banking, financial service, or other service-related activity, whether publicly
476
or privately owned and whether operated for profit or not, to which persons not
477
employed at the place of public access have general and regular access or which the
478
public uses, including:
479
(a) buildings, offices, shops, elevators, or restrooms;
480
(b) means of transportation or common carrier waiting rooms;
481
(c) restaurants, cafes, or cafeterias;
482
(d) taverns as defined in Section 32B-1-102, or cabarets;
483
(e) shopping malls, retail stores, grocery stores, or arcades;
484
(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
485
auditoriums, or arenas;
486
(g) barber shops, hair salons, or laundromats;
487
(h) sports or fitness facilities;
488
(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
489
breakfast" lodging facilities, and other similar lodging facilities, including the
490
lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and
491
restrooms of any of these;
492
(j)(i) any child care facility or program subject to licensure or certification under this
493
title, including those operated in private homes, when any child cared for under
494
that license is present; and
495
(ii) any child care, other than child care as defined in Section 26B-2-401, that is not
496
subject to licensure or certification under this title, when any child cared for by the
497
provider, other than the child of the provider, is present;
498
(k) public or private elementary or secondary school buildings and educational facilities
499
or the property on which those facilities are located;
500
(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
501
religious organization when used solely by the organization members or the
502
members' guests or families;
503
(m) any facility rented or leased for private functions from which the general public is
504
excluded and arrangements for the function are under the control of the function
- 15 - 4th Sub. (Green) H.B. 432 03-04 19:04
505
sponsor;
506
(n) any workplace that is not a place of public access or a publicly owned building or
507
office but has one or more employees who are not owner-operators of the business;
508
(o) any area where the proprietor or manager of the area has posted a conspicuous sign
509
stating "no smoking", "thank you for not smoking", or similar statement; and
510
(p) a holder of a bar establishment license, as defined in Section 32B-1-102.
511
[(18)] (20)(a) "Proof of age" means:
512
(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
513
Card Act;
514
(ii) a valid identification that:
515
(A) is substantially similar to an identification card issued under Title 53, Chapter
516
3, Part 8, Identification Card Act;
517
(B) is issued in accordance with the laws of a state other than Utah in which the
518
identification is issued;
519
(C) includes date of birth; and
520
(D) has a picture affixed;
521
(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
522
Driver License Act, or in accordance with the laws of the state in which the valid
523
driver license is issued;
524
(iv) a valid United States military identification card that:
525
(A) includes date of birth; and
526
(B) has a picture affixed; or
527
(v) a valid passport.
528
(b) "Proof of age" does not include a valid driving privilege card issued in accordance
529
with Section 53-3-207.
530
[(19)] (21) "Publicly owned building or office" means any enclosed indoor place or portion
531
of a place owned, leased, or rented by any state, county, or municipal government, or by
532
any agency supported by appropriation of, or by contracts or grants from, funds derived
533
from the collection of federal, state, county, or municipal taxes.
534
[(20)] (22) "Retail tobacco specialty business" means the same as that term is defined:
535
(a) as it relates to a municipality, in Section 10-8-41.6; and
536
(b) as it relates to a county, in Section 17-50-333.
537
[(21)] (23) "Shisha" means any product that:
538
(a) contains tobacco or nicotine; and
- 16 - 03-04 19:04 4th Sub. (Green) H.B. 432
539
(b) is smoked or intended to be smoked in a hookah or water pipe.
540
[(22)] (24) "Smoking" means:
541
(a) the possession of any lighted or heated tobacco product in any form;
542
(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or
543
hookah that contains:
544
(i) tobacco or any plant product intended for inhalation;
545
(ii) shisha or non-tobacco shisha;
546
(iii) nicotine;
547
(iv) a natural or synthetic tobacco substitute; or
548
(v) a natural or synthetic flavored tobacco product;
549
(c) using an electronic cigarette; or
550
(d) using an oral smoking device intended to circumvent the prohibition of smoking in
551
this part.
552
[(23)] (25) "Tax commission license" means a license issued by the State Tax Commission
553
under:
554
(a) Section 59-14-201 to sell a cigarette at retail;
555
(b) Section 59-14-301 to sell a tobacco product at retail; or
556
(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
557
[(24)] (26) "Tobacco product" means:
558
(a) a tobacco product as defined in Section 76-10-101; or
559
(b) tobacco paraphernalia as defined in Section 76-10-101.
560
[(25)] (27) "Tobacco retailer" means a person that is required to obtain a tax commission
561
license.
562
Section 4. Section 26B-7-505 is amended to read:
563
26B-7-505 (Effective upon governor's approval). Electronic cigarette products --
564
Labeling -- Requirements to sell -- Advertising -- Labeling of nicotine products
565
containing nicotine.
566
(1) The department shall, in consultation with a local health department and with input from
567
members of the public, establish by rule made in accordance with Title 63G, Chapter 3,
568
Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette
569
substance that is not a manufacturer sealed electronic cigarette substance regarding:
570
(a) labeling;
571
(b) nicotine content;
572
(c) packaging; and
- 17 - 4th Sub. (Green) H.B. 432 03-04 19:04
573
(d) product quality.
574
(2) On or before January 1, 2021, the department shall, in consultation with a local health
575
department and with input from members of the public, establish by rule made in
576
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
577
requirements to sell a manufacturer sealed electronic cigarette product regarding:
578
(a) labeling;
579
[(b) nicotine content;]
580
[(c)] (b) packaging; and
581
[(d)] (c) product quality.
582
(3)(a) A person may not sell an electronic cigarette substance unless the electronic
583
cigarette substance complies with the requirements established by the department
584
under Subsection (1).
585
(b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
586
cigarette product unless the manufacturer sealed electronic cigarette product complies
587
with the requirements established by the department under Subsection (2).
588
(c) A product described in Subsection (2) may not exceed:
589
(i) 5% nicotine by weight per container; or
590
(ii) a nicotine concentration of 59 milligrams per milliliter.
591
[(c)] (d) Notwithstanding Subsections (3)(a) and (3)(b), beginning on January 1, 2025, a [
592
person] general tobacco retailer may not sell an electronic cigarette product that is not [
593
a premarket authorized or pending electronic cigarette product as that term is defined
594
in Section 76-10-101] on the registry described in Section 59-14-810.
595
(e) Notwithstanding Subsections (3)(a) and (3)(b), beginning on May 1, 2025, a retail
596
tobacco specialty business may not sell an electronic cigarette product that is not on a
597
registry described in Section 26B-7-505.1, 59-14-810, or 59-14-908.
598
(4)(a) A local health department may not enact a rule or regulation regarding electronic
599
cigarette substance labeling, nicotine content, packaging, or product quality that is
600
not identical to the requirements established by the department under Subsections (1)
601
and (2).
602
(b) Except as provided in Subsection (4)(c), a local health department may enact a rule
603
or regulation regarding electronic cigarette substance manufacturing.
604
(c) A local health department may not enact a rule or regulation regarding a
605
manufacturer sealed electronic cigarette product.
606
(5) A person may not advertise an electronic cigarette product as a tobacco cessation device.
- 18 - 03-04 19:04 4th Sub. (Green) H.B. 432
607
(6)(a) Any nicotine product shall contain the statement described in Subsection (6)(b) if
608
the nicotine product:
609
(i)(A) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal
610
regulations; or
611
(B) is not otherwise required under federal or state law to contain a nicotine
612
warning; and
613
(ii) contains nicotine.
614 (b) A statement shall appear on the exterior packaging of a nicotine product described in
615
Subsection (6)(a) as follows:
616
"This product contains nicotine."
617
(7)(a) The department shall establish by rule made in accordance with Title 63G,
618
Chapter 3, Utah Administrative Rulemaking Act, the requirements for a flavored
619
electronic cigarette product to be sold in the state and listed on the registry described
620
in Section 59-14-908.
621
(b) The department shall ensure that rules made under this Subsection (7) allow for the
622
sale of a flavored electronic cigarette product.
623
(c) A flavored electronic cigarette product may not be sold in this state if:
624
(i) the product contains or is marketed as containing a flavoring other than:
625
(A) a fruit flavoring not including chocolate;
626
(B) an herb flavoring; or
627
(C) a spice flavoring; or
628
(ii)(A) the product's final assembly is done outside the United States; or
629
(B) the product does not have federal authorization to be sold in the United States.
630
(d) A flavored electronic cigarette product's packaging that contains any other
631
information, text, or imagery not described in Subsection (7)(e) may not be sold in
632
the state.
633
(e) A flavored electronic cigarette product may be sold in the state if the product's
634
outside packaging only contains:
635
(i) the name of the product;
636
(ii) a single logo of the product's manufacturer; and
637
(iii) the information required by:
638
(A) this section;
639
(B) rules made under this section; and
640
(C) federal law; and
- 19 - 4th Sub. (Green) H.B. 432 03-04 19:04
641
(iv) flavor descriptions that describe the fruit, herb, or spice flavor profile the product
642
is attempting to replicate without additional superlatives or intensifiers.
643
(f) When conducting a review of a flavored electronic cigarette product for inclusion in
644
the registry described in Section 59-14-908, the department may request samples of
645
the product's packaging to ensure compliance with this section.
646
Section 5. Section 26B-7-505.1 is enacted to read:
647
26B-7-505.1 (Effective upon governor's approval). Temporary flavored
648
electronic cigarette product registry.
649
(1) The department shall create a publicly available temporary flavored electronic cigarette
650
registry on or before May 1, 2025.
651
(2) The registry shall consist of flavored electronic cigarette products that:
652
(a)(i) the final assembly of the product occurs in the United States; or
653
(ii) the product has federal authorization to be sold in the United States; and
654
(b) contain or are marketed as containing only the following types of flavorings:
655
(i) a fruit flavoring not including chocolate;
656
(ii) an herb flavoring; or
657
(iii) a spice flavoring; and
658
(c) the packaging does not:
659
(i) contain any likeness bearing resemblance to a cartoon character or fictional
660
character; or
661
(ii) appear to imitate a food or other product trademark or trade dress that are or have
662
been primarily marketed to children.
663
(3) The department shall make rules to implement this section.
664
(4)(a) The department shall charge a fee for a flavored electronic cigarette product to be
665
listed on the registry.
666
(b) A retailer, distributor, or manufacturer may pay the fee to have the product registered.
667
(5) The department shall close and remove all products from the temporary registry when
668
the registry described in Section 59-14-908 is operational.
669
Section 6. Section 26B-7-509 is amended to read:
670
26B-7-509 (Effective upon governor's approval). Permit term and fees.
671
(1)(a) The term of a permit issued to a retail tobacco specialty business is one year.
672
(b) The term of a permit issued to a general tobacco retailer is two years.
673
(2)(a) A local health department may not issue a permit until the applicant has paid a
674
permit fee to the local health department of:
- 20 - 03-04 19:04 4th Sub. (Green) H.B. 432
675
(i) [$30] $500 for a new permit;
676
(ii) [$20] $475 for a permit renewal; or
677
(iii) [$30] $500 for reinstatement of a permit that has been revoked, suspended, or
678
allowed to expire.
679
(b) A local health department that collects fees under Subsection (2)(a) shall use the fees
680
to administer and enforce the permit requirements described in Sections 26B-7-506
681
through [26B-7-521] 26B-7-523.
682
(c) In addition to the fee described in Subsection (2)(a), a local health department may
683
establish and collect a fee to perform a plan review for a retail tobacco specialty
684
business permit.
685
(d)(i) Notwithstanding Subsection (2)(a), a permit renewal for a retail tobacco
686
specialty business in fiscal year 2026 is $10,000.
687
(ii) Each local health department shall transfer a renewal fee described in Subsection
688
(2)(d)(i) to the State Tax Commission to be used for programing and system
689
updates for the tax described in Section 59-14-904.
690
(3) A permit holder may apply for a renewal of a permit no earlier than 30 days before the
691
day on which the permit expires.
692
(4) A tobacco retailer that fails to renew a permit before the permit expires may apply to
693
reinstate the permit by submitting to the local health department:
694
(a) the information required in Subsection 26B-7-508(3) and, if applicable, Subsection
695
26B-7-508(4);
696
(b) the fee for the reinstatement of a permit; and
697
(c) a signed affidavit affirming that the tobacco retailer has not violated the prohibitions
698
in Subsection 26B-7-507(1)(b) after the permit expired.
699
Section 7. Section 26B-7-511 is amended to read:
700
26B-7-511 (Effective upon governor's approval). Permit requirements for a
701
retail tobacco specialty business -- Tobacco handling permit.
702
(1) A retail tobacco specialty business shall:
703
(a) electronically verify proof of age for any individual that enters the premises of the
704
business in accordance with Section 26B-7-521;
705
(b) except as provided in Subsection 76-10-105.1(4), prohibit any individual from
706
entering the business if the individual is under 21 years old;[ and]
707
(c) prominently display at the retail tobacco specialty business a sign on the public
708
entrance of the business that communicates:
- 21 - 4th Sub. (Green) H.B. 432 03-04 19:04
709
(i) the prohibition on the presence of an individual under 21 years old in a retail
710
tobacco specialty business in Subsection 76-10-105.1(4); and
711
(ii) the prohibition on the sale of tobacco products and electronic cigarette products to
712
an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1,
713
76-10-105.1, and 76-10-114[.] ; and
714
(d) implement security standards that include an electronic video monitoring system
715
with:
716
(i) at least one 19-inch or greater call-up monitor;
717
(ii) a printer, capable of producing a clear still photo from any video camera image;
718
(iii) video cameras with a recording resolution of at least 1280 x 720 pixels, or the
719
equivalent for analog, that records continuously during business hours and for one
720
hour before and after business hours, seven days a week, and is motion activated
721
after business hours that provides coverage of:
722
(A) all points of entry; and
723
(B) each point-of-sale;
724
(iv) a method for storing each video recording from the video camera for at least 45
725
days after the day on which the recording was taken;
726
(v) a surveillance system with:
727
(A) a storage device for locally stored footage secured in the business in a lock
728
box, cabinet, closet, or secured in another manner, to protect from tampering or
729
criminal theft; or
730
(B) a storage system on a remote server which has restricted access to protect
731
from tampering;
732
(vi) a failure notification system that provides an audible or visual notification of an
733
error within the electronic monitoring system; and
734
(vii) a date and time stamp embedded on video camera recordings; and
735
(e) place a sign in a publicly viewable area that notifies patrons that the patrons are
736
under surveillance.
737
(2) A retail tobacco specialty business may not:
738
(a) employ an individual under 21 years old to sell a tobacco product, an electronic
739
cigarette product, or a nicotine product;[ or]
740
(b) permit an employee under 21 years old to sell a tobacco product, an electronic
741
cigarette product, or a nicotine product[.] ; or
742
(c) employ an individual that does not have a tobacco handling permit described in
- 22 - 03-04 19:04 4th Sub. (Green) H.B. 432
743
Subsection (3).
744
(3)(a) An employee, owner, or operator of a retail tobacco specialty business shall obtain
745
and maintain a tobacco handling permit.
746
(b) The department shall:
747
(i) develop a course to instruct an individual described in Subsection (3)(a) regarding
748
the laws and regulations that a retail tobacco specialty business must follow;
749
(ii) issue a tobacco handling permit to any individual who completes the training; and
750
(iii) establish a fee in accordance with Section 63J-1-504 to implement this
751
Subsection (3).
752
(c) A tobacco handling permit expires one year from the day the tobacco handling
753
permit is issued.
754
Section 8. Section 26B-7-518 is amended to read:
755
26B-7-518 (Effective upon governor's approval). Penalties.
756
(1)(a) If an enforcing agency determines that a person has violated the terms of a permit
757
issued under this part, the enforcing agency may impose the penalties described in
758
this section.
759
(b) [If] Except as provided in Subsections (1)(c) and (1)(d), if multiple violations are
760
found in a single inspection by an enforcing agency or a single investigation by a law
761
enforcement agency[ under Section 77-39-101], the enforcing agency shall treat the
762
multiple violations as one single violation under Subsections (2), (3), [and ](4), and
763
(7).
764
(c) Fines described in Subsections (4)(a)(ii), (4)(b)(ii), (7)(a)(ii), and (7)(b)(ii) shall
765
compound for each product sold including if products are sold to multiple individuals.
766
(d) If an investigation determines there is a violation of Subsections (3) and (7), the
767
enforcing agency shall assess all penalties described in Subsections (3) and (7)
768
individually.
769
(2) Except as provided in Subsections (3), [and ](4), and (7), if a violation is found in an
770
investigation by a law enforcement agency [under Section 77-39-101 ]or an inspection
771
by an enforcing agency, the enforcing agency shall:
772
(a) on a first violation at a retail location, impose a penalty of $1,000;
773
(b) on a second violation at the same retail location that occurs within one year of a
774
previous violation, impose a penalty of $1,500;
775
(c) on a third violation at the same retail location that occurs within two years after two
776
previous violations, impose:
- 23 - 4th Sub. (Green) H.B. 432 03-04 19:04
777
(i) a suspension of the permit for 30 consecutive business days within 60 days after
778
the day on which the third violation occurs; or
779
(ii) a penalty of $2,000; and
780
(d) on a fourth or subsequent violation within two years of three previous violations:
781
(i) impose a penalty of $2,000;
782
(ii) revoke a permit of the retailer; and
783
(iii) if applicable, recommend to a municipality or county that a retail tobacco
784
specialty business license issued under Section 10-8-41.6 or 17-50-333 be
785
suspended or revoked.
786
(3) If [a violation is found in an investigation of ]a general tobacco retailer [by a law
787
enforcement agency under Section 77-39-101 for the sale of a tobacco product, an
788
electronic cigarette product, or a nicotine product to an individual under 21 years old
789
and the violation is committed by the owner of the general tobacco retailer] sells a
790
tobacco product to an individual under 21 years old, the enforcing agency shall:
791
(a) on a first violation, impose a fine of $2,000 on the general tobacco retailer; and
792
(b) on the second violation for the same general tobacco retailer within one year of the
793
first violation:
794
(i) impose a fine of $5,000; and
795
(ii) revoke the permit for the general tobacco retailer.
796
(4) If [a violation is found in an investigation of ]a retail tobacco specialty business [by a
797
law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an
798
electronic cigarette product, or a nicotine product to an individual under 21 years old]
799
sells a tobacco product to an individual under 21 years old, the enforcing agency shall:
800
(a) on the first violation:
801
(i) impose a fine of [$5,000] $10,000;[ and]
802
(ii) impose an additional fine of $1,000 for each product sold up to $100,000; and
803
[(ii)] (iii) immediately suspend the permit for 30 consecutive days; and
804
(b) on the second violation at the same retail location within two years of the first
805
violation:
806
(i) impose a fine of [$10,000] $20,000;[ and]
807
(ii) impose an additional fine of $1,000 for each product sold up to $100,000; and
808
[(ii)] (iii) revoke the permit for the retail tobacco specialty business.
809
(5)(a) Except when a transfer described in Subsection (6) occurs, a local health
810
department may not issue a permit to:
- 24 - 03-04 19:04 4th Sub. (Green) H.B. 432
811
(i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
812
or (3); or
813
(ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
814
or other holder of significant interest as another tobacco retailer for whom a
815
permit is suspended or revoked under Subsection (2), (3), or (4).
816
(b) A person whose permit:
817
(i) is suspended under this section may not apply for a new permit for any other
818
tobacco retailer for a period of 12 months after the day on which an enforcing
819
agency suspends the permit; and
820
(ii) is revoked under this section may not apply for a new permit for any tobacco
821
retailer for a period of 24 months after the day on which an enforcing agency
822
revokes the permit.
823
(6) Violations of this part, Section 10-8-41.6, or Section 17-50-333 that occur at a tobacco
824
retailer location shall stay on the record for that tobacco retailer location unless:
825
(a) the tobacco retailer is transferred to a new proprietor; and
826
(b) the new proprietor provides documentation to the local health department that the
827
new proprietor is acquiring the tobacco retailer in an arm's length transaction from
828
the previous proprietor.
829
(7) If a general tobacco retailer is found to be selling a flavored electronic cigarette product,
830
the enforcing agency shall:
831
(a) on the first violation:
832
(i) impose a fine of $10,000;
833
(ii) impose an additional fine of $1,000 for each product sold up to $100,000; and
834
(iii) immediately suspend the permit for 30 consecutive days; and
835
(b) on the second violation at the same retail location within two years of the first
836
violation:
837
(i) impose a fine of $20,000;
838
(ii) impose an additional fine of $1,000 for each product sold up to $100,000; and
839
(iii) revoke the permit for the general tobacco retailer.
840
(8)(a) Only a law enforcement agency may conduct an investigation or inspection of a
841
retail tobacco specialty business for violations of this part.
842
(b) A local health department may levy a fine described in this section against a retail
843
tobacco specialty business if a law enforcement agency investigation or inspection
844
finds a violation of this part.
- 25 - 4th Sub. (Green) H.B. 432 03-04 19:04
845
Section 9. Section 26B-7-521 is amended to read:
846
26B-7-521 (Effective upon governor's approval). Verification of proof of age --
847
Verification of identification -- Notification of law enforcement.
848
(1) As used in this section:
849
(a) "Employee" means an employee of a retail tobacco specialty business.
850
(b) "Electronic verification program" means a technology used by a retail tobacco
851
specialty business to confirm proof of age for an individual.
852
(2) A retail tobacco specialty business shall require that an employee verify proof of age of
853
an individual that enters a retail tobacco specialty business as provided in this section.
854
(3) To comply with Subsection (2), an employee shall:
855
(a) request the individual present proof of age; and
856
(b) verify the validity of the proof of age electronically in accordance with Subsection (4).
857
(4)(a) A retail tobacco specialty business shall use an electronic verification program to
858
assist the business in complying with the requirements of this section.
859
(b) Beginning July 1, 2025, a retail tobacco specialty business shall use an identification
860
verification system.
861
(c) The identification verification system described in Subsection (4)(b) shall analyze
862
and conduct a forensic check of the front and back of a proof of identification for
863
authentic security features to detect a fraudulent proof of identification, which shall
864
include the ability to:
865
(i) read and identify ultraviolet and infrared images, microprint, laser perforation,
866
holograms, and other proof of identification specific security features;
867
(ii) scan and analyze a proof of identification issued from any state or territory within
868
the United States;
869
(iii) scan and read magstripe, 2D barcodes, and machine readable zones on United
870
States passport cards;
871
(iv) display easy to read results of the identification analysis and alert staff when a
872
proof of identification appears to be fake or false;
873
(v) detect and alert to an expired or invalid proof of identification;
874
(vi) identify and alert to pass-back or proof of identification sharing;
875
(vii) capture a real time image of the individual presenting the proof of identification;
876
and
877
(viii) communicate with the system created by the Department of Public Safety
878
regarding whether a purchaser is a nicotine restricted individual.
- 26 - 03-04 19:04 4th Sub. (Green) H.B. 432
879
(d) A retail tobacco specialty business may not sell a tobacco product, nicotine product,
880
or electronic cigarette product to a nicotine restricted individual.
881
(e) A retail tobacco specialty business shall notify the Department of Public Safety when
882
an individual purchases more than 10 electronic cigarette products in a single
883
purchase.
884
(5)(a) A retail tobacco specialty business may not disclose information obtained under
885
this section except as provided under this part.
886
(b) Information obtained under this section:
887
(i) shall be kept for at least 180 days; and
888
(ii) is subject to inspection upon request by a peace officer or the representative of an
889
enforcing agency.
890
(6)(a) If an employee does not verify proof of age under this section, the employee may
891
not permit an individual to:
892
(i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
893
(ii) purchase a tobacco product or an electronic cigarette product.
894
(b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
895
old may be permitted to enter a retail tobacco specialty business if the individual is:
896
[(i) accompanied by a parent or legal guardian who provides proof of age; or]
897
[(ii)(A)] (i) present at the retail tobacco specialty business solely for the purpose of
898
providing a commercial service to the retail tobacco specialty business, including
899
making a commercial delivery;
900
[(B)] (ii) monitored by the proprietor of the retail tobacco specialty business or an
901
employee of the retail tobacco specialty business; and
902
[(C)] (iii) not permitted to make any purchase or conduct any commercial transaction
903
other than the service described in Subsection (6)(b)(ii)(A).
904
(7) To determine whether the individual described in Subsection (2) is 21 years old or
905
older, the following may request an individual described in Subsection (2) to present
906
proof of age:
907
(a) an employee;
908
(b) a peace officer; or
909
(c) a representative of an enforcing agency.
910
Section 10. Section 26B-7-523 is enacted to read:
911
26B-7-523 (Effective upon governor's approval). RFID tracking.
912
(1)
- 27 - 4th Sub. (Green) H.B. 432 03-04 19:04
913
As used in this section, "RFID" means radio-frequency identification.
914
(2) Beginning May 15, 2026, a retail tobacco specialty business shall have in place an
915
inventory control system that tracks flavored electronic cigarette products.
916
(3) The inventory control system shall have an RFID tag directly attached to the flavored
917
electronic cigarette product in which:
918
(a) each flavored electronic cigarette product is issued a unique identification number
919
via an RFID tag; and
920
(b) the tag is placed in a position that:
921
(i) is affixed directly on the product;
922
(ii) not affixed to any packaging; and
923
(iii) can be clearly read and include the following information:
924
(A) a unique identification number;
925
(B) the name of the retail tobacco specialty business that sells the product; and
926
(C) the date of sale of the flavored electronic cigarette product.
927
(4) A retail tobacco specialty business shall maintain the information required by this
928
section for at least 180 days after the day on which the flavored electronic cigarette
929
product leaves the retail tobacco specialty business.
930
(5) Notwithstanding any other provision of law and beginning May 15, 2026, a flavored
931
electronic cigarette product may not be sold in the state if the product does not meet the
932
RFID requirements of this section.
933
Section 11. Section 53-1-106 is amended to read:
934
53-1-106 [(Effective 12/31/24) ] (Effective upon governor's approval). Department
935
duties -- Powers.
936
(1) In addition to the responsibilities contained in this title, the department shall:
937
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
938
including:
939
(i) setting performance standards for towing companies to be used by the department,
940
as required by Section 41-6a-1406; and
941
(ii) advising the Department of Transportation regarding the safe design and
942
operation of school buses, as required by Section 41-6a-1304;
943
(b) make rules to establish and clarify standards pertaining to the curriculum and
944
teaching methods of a motor vehicle accident prevention course under Section
945
31A-19a-211;
946
(c) aid in enforcement efforts to combat drug trafficking;
- 28 - 03-04 19:04 4th Sub. (Green) H.B. 432
947
(d) meet with the Division of Technology Services to formulate contracts, establish
948
priorities, and develop funding mechanisms for dispatch and telecommunications
949
operations;
950
(e) provide assistance to the Commission on Criminal and Juvenile Justice and the Utah
951
Office for Victims of Crime in conducting research or monitoring victims' programs,
952
as required by Section 63M-7-507;
953
(f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
954
Association;
955
(g) engage in emergency planning activities, including preparation of policy and
956
procedure and rulemaking necessary for implementation of the federal Emergency
957
Planning and Community Right to Know Act of 1986, as required by Section
958
53-2a-702;
959
(h) implement the provisions of Section 53-2a-402, the Emergency Management
960
Assistance Compact;
961
(i) ensure that any training or certification required of a public official or public
962
employee, as those terms are defined in Section 63G-22-102, complies with Title
963
63G, Chapter 22, State Training and Certification Requirements, if the training or
964
certification is required:
965
(i) under this title;
966
(ii) by the department; or
967
(iii) by an agency or division within the department;
968
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
969
Board of Education who shall work with the State Board of Education to:
970
(i) support training with relevant state agencies for school resource officers as
971
described in Section 53G-8-702;
972
(ii) coordinate the creation of model policies and memorandums of understanding for
973
a local education agency and a local law enforcement agency; and
974
(iii) ensure cooperation between relevant state agencies, a local education agency,
975
and a local law enforcement agency to foster compliance with disciplinary related
976
statutory provisions, including Sections 53E-3-516 and 53G-8-211;
977
(k) provide for the security and protection of public officials, public officials' staff, and
978
the capitol hill complex in accordance with the provisions of this part;
979
(l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
980
assessments;[ and]
- 29 - 4th Sub. (Green) H.B. 432 03-04 19:04
981
(m) fulfill the duties described in Section 63L-13-201 related to restricted foreign entities[.]
982
; and
983
(n) create a system that notifies a retail tobacco specialty business that an individual is a
984
nicotine restricted individual when the individual attempts to purchase a tobacco
985
product, nicotine product, or electronic cigarette product.
986
(2)(a) The department shall establish a schedule of fees as required or allowed in this
987
title for services provided by the department.
988
(b) All fees not established in statute shall be established in accordance with Section
989
63J-1-504.
990
(3) The department may establish or contract for the establishment of an Organ
991
Procurement Donor Registry in accordance with Section 26B-8-319.
992
Section 12. Section 59-14-102 is amended to read:
993
59-14-102 (Effective upon governor's approval). Definitions.
994
As used in this chapter:
995
(1) "Alternative nicotine product" means the same as that term is defined in Section
996
76-10-101.
997
(2) "Cigarette" means a roll made wholly or in part of tobacco:
998
(a) regardless of:
999
(i) the size of the roll;
1000
(ii) the shape of the roll;
1001
(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient;
1002
or
1003
(iv) whether the tobacco is heated or burned; and
1004
(b) if the roll has a wrapper or cover that is made of paper or any other substance or
1005
material except tobacco.
1006
(3) "Cigarette rolling machine" means a device or machine that has the capability to
1007
produce at least 150 cigarettes in less than 30 minutes.
1008
(4) "Cigarette rolling machine operator" means a person who:
1009
(a)(i) controls, leases, owns, possesses, or otherwise has available for use a cigarette
1010
rolling machine; and
1011
(ii) makes the cigarette rolling machine available for use by another person to
1012
produce a cigarette; or
1013
(b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
1014
(5) "Consumer" means a person that is not required:
- 30 - 03-04 19:04 4th Sub. (Green) H.B. 432
1015
(a) under Section 59-14-201 to obtain a license under Section 59-14-202;
1016
(b) under Section 59-14-301 to obtain a license under Section 59-14-202;[ or]
1017
(c) to obtain a license under Section 59-14-803[.] ; or
1018
(d) to obtain a license under Section 59-14-902.
1019
(6) "Counterfeit cigarette" means:
1020
(a) a cigarette that has a false manufacturing label; or
1021
(b) a package of cigarettes bearing a counterfeit tax stamp.
1022
(7)(a) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
1023
(b) "Electronic cigarette" does not include a cigarette or a tobacco product.
1024
(8) "Electronic cigarette product" means the same as that term is defined in Section
1025
76-10-101.
1026
(9) "Electronic cigarette substance" means the same as that term is defined in Section
1027
76-10-101.
1028
(10) "Flavored electronic cigarette product" means the same as that term is defined in
1029
Section 76-10-101.
1030
[(10)] (11) "Importer" means a person that imports into the United States, either directly or
1031
indirectly, a finished cigarette for sale or distribution.
1032
[(11)] (12) "Indian tribal entity" means a federally recognized Indian tribe, tribal entity, or
1033
any other person doing business as a distributor or retailer of cigarettes on tribal lands
1034
located in the state.
1035
[(12)] (13) "Little cigar" means a roll for smoking that:
1036
(a) is made wholly or in part of tobacco;
1037
(b) uses an integrated cellulose acetate filter or other similar filter; and
1038
(c) is wrapped in a substance:
1039
(i) containing tobacco; and
1040
(ii) that is not exclusively natural leaf tobacco.
1041
[(13)] (14)(a) Except as provided in Subsection [(13)(b)] (14)(b), "manufacturer" means a
1042
person that:
1043
(i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or
1044
(ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels,
1045
repackages, relabels, or imports an electronic cigarette product or a nicotine
1046
product.
1047
(b) "Manufacturer" does not include a cigarette rolling machine operator.
1048
[(14)] (15) "Moist snuff" means tobacco that:
- 31 - 4th Sub. (Green) H.B. 432 03-04 19:04
1049
(a) is finely cut, ground, or powdered;
1050
(b) has at least 45% moisture content, as determined by the commission by rule made in
1051
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1052
(c) is not intended to be:
1053
(i) smoked; or
1054
(ii) placed in the nasal cavity; and
1055
(d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or
1056
distributed in single-use units, including:
1057
(i) tablets;
1058
(ii) lozenges;
1059
(iii) strips;
1060
(iv) sticks; or
1061
(v) packages containing multiple single-use units.
1062
[(15)] (16) "Nicotine" means the same as that term is defined in Section 76-10-101.
1063
[(16)] (17) "Nicotine product" means the same as that term is defined in Section 76-10-101.
1064
[(17)] (18) "Nontherapeutic nicotine device" means the same as that term is defined in
1065
Section 76-10-101.
1066
[(18)] (19) "Nontherapeutic nicotine device substance" means the same as that term is
1067
defined in Section 76-10-101.
1068
[(19)] (20) "Nontherapeutic nicotine product" means the same as that term is defined in
1069
Section 76-10-101.
1070
[(20)] (21) "Prefilled electronic cigarette" means the same as that term is defined in Section
1071
76-10-101.
1072
[(21)] (22) "Prefilled nontherapeutic nicotine device" means the same as that term is defined
1073
in Section 76-10-101.
1074
[(22)] (23) "Retailer" means a person that:
1075
(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to
1076
a consumer in the state; or
1077
(b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine
1078
product to a consumer in the state.
1079
[(23)] (24) "Stamp" means the indicia required to be placed on a cigarette package that
1080
evidences payment of the tax on cigarettes required by Section 59-14-205.
1081
[(24)] (25)(a) "Tobacco product" means a product made of, or containing, tobacco.
1082
(b) "Tobacco product" includes:
- 32 - 03-04 19:04 4th Sub. (Green) H.B. 432
1083
(i) a cigarette produced from a cigarette rolling machine;
1084
(ii) a little cigar; or
1085
(iii) moist snuff.
1086
(c) "Tobacco product" does not include a cigarette.
1087
[(25)] (26) "Tribal lands" means land held by the United States in trust for a federally
1088
recognized Indian tribe.
1089
Section 13. Section 59-14-810 is amended to read:
1090
59-14-810 (Effective upon governor's approval). Electronic cigarette product
1091
registry.
1092
(1) Beginning on August 1, 2024, every manufacturer of an electronic cigarette product that
1093
is sold in this state, whether directly or through a distributor, wholesaler, retailer, or
1094
similar intermediary or intermediaries, shall certify under penalty of perjury on a form
1095
and in the manner prescribed by the commission, that:
1096
(a) the manufacturer agrees to comply with this section; and
1097
(b) the electronic cigarette product is a premarket authorized or pending electronic
1098
cigarette product as defined in Section 76-10-101 and will not be illegal to be sold in
1099
the state as of January 1, 2025.
1100
(2) When submitting the certification a manufacturer shall submit a form that separately
1101
lists each electronic cigarette product that is sold in this state.
1102
(3)(a) Each certification form shall include:
1103
(i) the name of the electronic cigarette product, nicotine content level by percentage,
1104
and any flavors contained in the product;
1105
(ii)(A) a copy of the order granting a premarket tobacco product application of the
1106
electronic cigarette product by the United States Food and Drug
1107
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
1108
(B) evidence that the premarket tobacco product application for the electronic
1109
cigarette product or nicotine product was submitted to the United States Food
1110
and Drug Administration before September 9, 2020, and a final authorization
1111
or order has not yet taken effect;
1112
(iii) a nonrefundable $1,000 fee for an electronic cigarette product that is being added
1113
to the registry in the first instance; and
1114
(iv) information described in Subsection (10) if applicable.
1115
(b) The commission shall make the materials submitted under Subsection (3)(a)
1116
available to the Department of Health and Human Services for review and approval.
- 33 - 4th Sub. (Green) H.B. 432 03-04 19:04
1117
(c) A manufacturer required to submit a certification form under this section shall notify
1118
the commission and the Department of Health and Human Services in a manner
1119
prescribed by the commission within 30 days of any material change making the
1120
certification form no longer accurate, including:
1121
(i) the issuance or denial of a marketing authorization or other order by the United
1122
States Food and Drug Administration under 21 U.S.C. Sec. 387j; or
1123
(ii) any other order or action by the United States Food and Drug Administration or
1124
any court that affects the ability of the electronic cigarette product to be
1125
introduced or delivered into interstate commerce for commercial distribution in
1126
the United States.
1127
(d) On or before January 31 of each year and in a manner prescribed by the commission,
1128
a manufacturer shall:
1129
(i) recertify that the information contained in the certification is correct and accurate;
1130
(ii) correct or amend information if necessary; and
1131
(iii) pay a $250 nonrefundable fee for each electronic cigarette product on the registry
1132
that is manufactured by the manufacturer.
1133
(e) A manufacturer may amend a certification, including to add additional electronic
1134
cigarette products to the registry, if all requirements of this section are met.
1135
(f) The commission shall:
1136
(i) provide an electronic notification to a manufacturer that has not submitted a
1137
recertification under Subsection (3)(d); and
1138
(ii) remove a manufacturer or an electronic cigarette product that is not recertified
1139
from the registry by March 15.
1140
(4)(a) The Department of Health and Human Services shall review materials described
1141
in Subsection (3)(a) and notify the commission regarding whether an electronic
1142
cigarette product should be included in the registry.
1143
(b) On or before October 1, 2024, the commission shall make publicly available on the
1144
commission's website a registry that lists each electronic cigarette product
1145
manufacturer and each electronic cigarette product for which certification forms have
1146
been approved by the Department of Health and Human Services.
1147
(c) An electronic cigarette product may not be listed on the registry unless the
1148
Department of Health and Human Services determines the requirements of
1149
Subsection (3)(a) are met.
1150
(5)(a) If the Department of Health and Human Services obtains information that an
- 34 - 03-04 19:04 4th Sub. (Green) H.B. 432
1151
electronic cigarette product should not be listed in the registry, the Department of
1152
Health and Human Services shall provide the manufacturer notice and an opportunity
1153
to cure deficiencies before notifying the commission to remove the manufacturer or
1154
products from the registry.
1155
(b) Except as provided in Subsection (5)(c), the Department of Health and Human
1156
Services shall comply with Title 63G, Chapter 4, Administrative Procedures Act,
1157
before notifying the commission to remove [an] a flavored electronic cigarette
1158
product or manufacturer from the registry.
1159
(c) Subsection (5)(b) does not apply to a manufacturer failing:
1160
(i) to [decertify] recertify an electronic cigarette product;
1161
(ii) to provide fees and documentation described in Subsection (3)(a) or (3)(d); or
1162
(iii) to comply with Subsection (10).
1163
(6)(a) If a product is removed from the registry, each retailer, distributor, and wholesaler
1164
shall have 30 days from the day on which the product is removed from the registry to
1165
remove the product from any inventory and return the product to the manufacturer for
1166
disposal.
1167
(b) After the period described in Subsection (6)(a), any electronic cigarette product of a
1168
manufacturer identified in the notice of removal are contraband and are subject to
1169
penalties under Subsection (8)[ and seizure, forfeiture, and destruction under Section
1170
26A-1-131].
1171
(7)(a) Beginning on January 1, 2025, a person may not sell or offer for retail sale an
1172
electronic cigarette product in this state that is not included in [the] a registry created
1173
under this section, Section 26B-7-505.1, or Section 59-14-908.
1174
(b) A manufacturer may not sell, either directly or through a distributor, wholesaler,
1175
retailer, or similar intermediary or intermediaries, an electronic cigarette product in
1176
this state that is not included in the registry.
1177
(8)(a) A wholesaler, distributor, or retailer who sells or offers for retail sale an electronic
1178
cigarette product in this state that is not included in the registry shall be subject to a
1179
civil penalty of:
1180
(i) $1,000 for each product offered for sale in violation of this section; and
1181
(ii) $100 per day until the offending product is removed from the market or until the
1182
offending product is properly listed on the registry.
1183
(b) The commission shall suspend the person's license issued under Section 59-14-803
1184
for a violation of Subsection (8)(a) as follows:
- 35 - 4th Sub. (Green) H.B. 432 03-04 19:04
1185
(i) for a second violation within a 12-month period, at least 14 days;
1186
(ii) for a third violation within a 12-month period, at least 60 days; or
1187
(iii) for a fourth violation within a 12-month period, at least one year.
1188
(c) A manufacturer whose electronic cigarette products are not listed in the registry and
1189
are sold in this state, whether directly or through a distributor, wholesaler, retailer, or
1190
similar intermediary or intermediaries, is subject to a civil penalty of:
1191
(i) $1,000 for each product offered for retail sale in violation of this section; and
1192
(ii) $100 per day until the offending product is removed from the market or until the
1193
offending product is properly listed on the registry.
1194
(d) A manufacturer that falsely represents any information required by a certification
1195
form described in this section shall be guilty of a class C misdemeanor for each false
1196
representation.
1197
(e) A repeated violation of this section shall constitute a deceptive act or practice as
1198
provided in Sections 13-11-4 and 13-11a-3 and shall be subject to any remedies or
1199
penalties available for a violation of those sections.
1200
(9)(a) To assist in ensuring compliance and enforcement of this section[ and Section
1201
26A-1-131], the commission shall disclose to the following entities, upon request,
1202
any information obtained under this section:
1203
(i) the Department of Health and Human Services;
1204
(ii) a local health department;[ or]
1205
(iii) a law enforcement agency; or
1206
[(iii)] (iv) the attorney general.
1207
(b) The commission and attorney general shall share with each other information
1208
received under this section, or corresponding laws of other states.
1209
(10)(a)[(i)] The commission may not list a nonresident manufacturer of an electronic
1210
cigarette product in the registry unless:
1211
[(A)] (i) the nonresident manufacturer has registered to do business in the state as a
1212
foreign corporation or business entity; or
1213
[(B)] (ii) the nonresident manufacturer appoints and maintains without interruption
1214
the services of an agent in this state to receive any service of process on behalf of
1215
the manufacturer.
1216
(b) The nonresident manufacturer shall provide the name, address, and telephone
1217
number of the agent to the commission.
1218
(c)(i) A nonresident manufacturer shall provide notice to the commission 30 days
- 36 - 03-04 19:04 4th Sub. (Green) H.B. 432
1219
before the termination of the authority of an agent and shall further provide proof
1220
to the satisfaction of the commission of the appointment of a new agent no less
1221
than five calendar days prior to the termination of an existing agent appointment.
1222
(ii) In the event an agent terminates an agency appointment, the manufacturer shall
1223
notify the commission of the termination within five calendar days and shall
1224
include proof to the satisfaction of the commission of the appointment of a new
1225
agent.
1226
(11) Before May 31 of each year, the commission and the Department of Health and
1227
Human Services shall provide a report to the Revenue and Taxation Interim Committee
1228
and the Health and Human Services Interim Committee regarding:
1229
(a) the status of the registry;
1230
(b) manufacturers and products included in the registry; and
1231
(c) revenue and expenditures related to administration of this section[; and] .
1232
[(d) enforcement activities undertaken under this section and Section 26A-1-131.]
1233
(12) All fees and penalties collected under this section shall be used for administration and
1234
enforcement of this section[ and Section 26A-1-131] and deposited into the account
1235
created in Section 59-14-807.
1236
(13) The commission, in consultation with the Department of Health and Human Services,
1237
may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1238
Rulemaking Act, to implement this section.
1239
Section 14. Section 59-14-901 is enacted to read:
1240
Part 9. Flavored Electronic Cigarette Tax
1241
59-14-901 (Effective 01/01/26). Definitions.
1242
As used in this part:
1243
(1) "Licensee" means a retail tobacco specialty business that holds a license to sell a
1244
flavored electronic cigarette product under this part.
1245
(2)(a) "Retail price" means the amount charged by a retailer for a flavored electronic
1246
cigarette product.
1247
(b) "Retail price" includes any part of the amount charged by a retailer that is paid or
1248
recouped for a tax imposed on a distributor under Section 59-14-804.
1249
(3) "Retail tobacco specialty business" means the same as that term is defined in Section
1250
26B-7-501.
1251
Section 15. Section 59-14-902 is enacted to read:
1252
59-14-902 (Effective 01/01/26). License to sell flavored electronic cigarette
- 37 - 4th Sub. (Green) H.B. 432 03-04 19:04
1253
product.
1254
(1) A retailer may not sell or offer to sell a flavored electronic cigarette product in this state
1255
without first:
1256
(a) obtaining a license from the commission under this section to sell a flavored
1257
electronic cigarette product; and
1258
(b) complying with any bonding requirement described in Subsection (5).
1259
(2) A license described in this section is required in addition to any other license required
1260
by law.
1261
(3)(a) The commission shall issue a license to sell a flavored electronic cigarette product
1262
to a retailer that submits an application, on a form created by the commission, that
1263
includes:
1264
(i) the retailer's name;
1265
(ii) the address of the facility where the retailer will sell a flavored cigarette product;
1266
and
1267
(iii) any other information the commission requires to implement this part.
1268
(b) The commission may not issue a license under this part to a person that does not
1269
have a retail tobacco specialty business permit described in Section 26B-7-509.
1270
(4) A license described in Subsection (3) is:
1271
(a) valid only at one fixed business address;
1272
(b) valid for three years;
1273
(c) valid only for a physical location; and
1274
(d) renewable if a licensee meets the criteria for licensing described in Subsection (3).
1275
(5)(a) The commission shall require a retailer that is responsible under this part for the
1276
collection of tax on a flavored electronic cigarette product to post a bond.
1277
(b) The retailer may post the bond required by Subsection (5)(a) in combination with
1278
any bond required by Section 59-14-201, 59-14-301, or 59-14-803.
1279
(c) Subject to Subsection (5)(d), the commission shall determine the form and amount of
1280
the bond.
1281
(d) The minimum amount of the bond shall be $500.
1282
(e) If a bond is posted in combination with another bond under (5)(b), the total amount
1283
of the bond shall be equal to the sum total of $500 plus the amount required by the
1284
other provision of law.
1285
(6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
1286
Administrative Rulemaking Act, to establish the additional information described in
- 38 - 03-04 19:04 4th Sub. (Green) H.B. 432
1287
Subsection (3)(c) that a person shall provide in the application described in Subsection
1288
(3).
1289
(7) It is a class B misdemeanor for a person to violate Subsection (1).
1290
(8) The commission may not charge a fee for a license under this section.
1291
Section 16. Section 59-14-903 is enacted to read:
1292
59-14-903 (Effective 01/01/26). Publication of licensed distributors -- Retailer
1293
transaction only with licensed distributor -- Penalty.
1294
(1)(a) The commission shall maintain a list that includes the identity of each licensee
1295
under this part to sell a flavored electronic cigarette product.
1296
(b) The list shall be:
1297
(i) published on the commission website; and
1298
(ii) updated by the commission at least once per quarter.
1299
(2) A distributor may sell a flavored electronic cigarette product only to a licensee
1300
identified on the list described in Subsection (1).
1301
(3)(a) The commission may impose a penalty against a distributor that sells a flavored
1302
electronic cigarette product to a person other than a licensee.
1303
(b) On the first violation, the commission shall:
1304
(i) impose a fine of $10,000; and
1305
(ii) impose an additional fine of $1,000 for each product sold up to $100,000.
1306
(c) On the second or subsequent violation within two years of the first violation, the
1307
commission shall:
1308
(i) impose a fine of $20,000; and
1309
(ii) impose an additional fine of $1,000 for each product sold up to $100,000.
1310
Section 17. Section 59-14-904 is enacted to read:
1311
59-14-904 (Effective 01/01/26). Taxation of flavored electronic cigarette products.
1312
(1)(a) Beginning on January 1, 2026, a tax is imposed on the retail sale of a flavored
1313
electronic cigarette product.
1314
(b) A tax described in this section is in addition to any other tax required by law on an
1315
electronic cigarette product, including the tax described in Section 59-14-804.
1316
(2) The amount of tax imposed under Subsection (1) is .10 multiplied by the retail price of
1317
each product sold.
1318
(3) If a product is sold in the same package as a product that is taxed under Subsection (1),
1319
the tax described in Subsection (2) shall apply to the retail price of the entire packaged
1320
product.
- 39 - 4th Sub. (Green) H.B. 432 03-04 19:04
1321
(4)(a) The retailer shall remit the taxes collected in accordance with this section to the
1322
commission.
1323
(b) The commission shall deposit revenues generated by the tax imposed by this section
1324
into the Flavored Electronic Cigarette Product Proceeds Restricted Account created
1325
in Section 59-14-906.
1326
Section 18. Section 59-14-905 is enacted to read:
1327
59-14-905 (Effective 01/01/26). Remittance of tax -- Returns -- Invoice required
1328
-- Filing requirement-- Exception -- Penalty -- Overpayment.
1329
(1)(a) The retailer that collects the tax imposed on a flavored electronic cigarette product
1330
shall remit to the commission, in an electronic format approved by the commission:
1331
(i) the tax collected in the previous calendar quarter; and
1332
(ii) the quarterly tax return.
1333
(b) The tax collected and the return are due on or before the last day of April, July,
1334
October, and January.
1335
(2)(a) A consumer that purchases an untaxed flavored electronic cigarette product for
1336
use or other consumption shall:
1337
(i) file with the commission, on forms prescribed by the commission, a statement
1338
showing the quantity and description of the item subject to tax under this part; and
1339
(ii) pay the tax imposed by this part on that item.
1340
(b) The consumer shall file the statement described in Subsection (2)(a) and pay the tax
1341
due on or before the last day of the month immediately following the month during
1342
which the consumer purchased an untaxed flavored electronic cigarette product.
1343
(c) A consumer shall maintain records necessary to determine the amount of tax the
1344
consumer is liable to pay under this part for a period of three years following the date
1345
on which the statement required by this section was filed.
1346
(3) A tourist who imports an untaxed flavored electronic cigarette product into the state
1347
does not need to file the statement described in Subsection (2) or pay the tax if the item
1348
is for the tourist's own use or consumption while in this state.
1349
(4) In addition to the tax required by this part, a person shall pay a penalty as provided in
1350
Section 59-1-401, plus interest at the rate and in the manner prescribed in Section
1351
59-1-402, if a person subject to this section fails to:
1352
(a) pay the tax prescribed by this part;
1353
(b) pay the tax on time; or
1354
(c) file a return required by this part.
- 40 - 03-04 19:04 4th Sub. (Green) H.B. 432
1355
(5) An overpayment of a tax imposed by this part shall accrue interest at the rate and in the
1356
manner prescribed in Section 59-1-402.
1357
Section 19. Section 59-14-906 is enacted to read:
1358
59-14-906 (Effective 01/01/26). Flavored Electronic Cigarette Product Proceeds
1359
Restricted Account.
1360
(1) There is created within the General Fund a restricted account known as the "Flavored
1361
Electronic Cigarette Product Proceeds Restricted Account."
1362
(2) The account consists of revenue collected by the tax imposed in Section 59-14-904 and
1363
fees and penalties collected under Section 59-14-908.
1364
(3) Subject to Subsection (5), for each fiscal year and subject to appropriation by the
1365
Legislature, the Division of Finance shall distribute revenue generated by the tax created
1366
under this part as follows:
1367
(a) 25% of the amount to the Department of Public Safety for enforcement of the state's
1368
electronic cigarette product laws and performance of the duties related to electronic
1369
cigarette products including programing;
1370
(b) 70% of the amount transferred to the Department of Health and Human Services for
1371
use to perform duties related to electronic cigarette product regulation, prevention,
1372
and research; and
1373
(c) 5% of the amount in the account to the State Board of Education to pay for the
1374
school lunch program described in Section 53E-3-510.
1375
(4) For each fiscal year and subject to appropriation by the Legislature, the Division of
1376
Finance shall distribute revenue generated from the money deposited under Section
1377
59-14-908:
1378
(a) to the commission, in an amount equal to the amount necessary to create and
1379
maintain the registry described in Section 59-14-908; and
1380
(b) to the Department of Health and Human Services, in an amount necessary for
1381
completing duties described in Section 59-14-908 and duties described in Section
1382
26B-7-505.
1383
(5)(a) The fund shall earn interest.
1384
(b) Interest earned on fund money shall be deposited into the fund.
1385
(6) Subject to legislative appropriations, before any amount of money is distributed under
1386
Subsection (3), the Division of Finance shall distribute an amount to the commission to:
1387
(a) enforce compliance with the tax collection requirements of this part; and
1388
(b) for programming and maintaining the tax created under this part.
- 41 - 4th Sub. (Green) H.B. 432 03-04 19:04
1389
Section 20. Section 59-14-907 is enacted to read:
1390
59-14-907 (Effective 01/01/26). Reports of illegal product.
1391
If the commission suspects that a flavored electronic cigarette product is being sold in
1392
violation of a law other than a law described in this part, the commission shall report the name
1393
of the seller, the type of product, and the county where the product was sold:
1394
(1) to the local health department for the county where the sale occurs;
1395
(2) to the Department of Health and Human Services; and
1396
(3) to the Department of Public Safety.
1397
Section 21. Section 59-14-908 is enacted to read:
1398
59-14-908 (Effective 01/01/26). Flavored electronic cigarette product registry.
1399
(1) Beginning on August 1, 2025, every manufacturer of a flavored electronic cigarette
1400
product that is sold in this state, whether directly or through a distributor, wholesaler,
1401
retailer, or similar intermediary or intermediaries, shall certify under penalty of perjury
1402
on a form and in the manner prescribed by the commission, that:
1403
(a) the manufacturer agrees to comply with this section;
1404
(b) the flavored electronic cigarette product meets the requirements for sale described in
1405
Section 26B-7-505 and rules created under that section, including packaging
1406
requirements; and
1407
(c) beginning May 15, 2026, the flavored electronic cigarette product is equipped with
1408
RFID tracking technology in accordance with Section 26B-7-523.
1409
(2) When submitting the certification a manufacturer shall submit a form that separately
1410
lists each flavored electronic cigarette product that is sold in this state.
1411
(3)(a) Each certification form shall include:
1412
(i) the name of the flavored electronic cigarette product, nicotine content level by
1413
percentage, and any flavors contained in the product;
1414
(ii) a nonrefundable $1,000 fee for each flavored electronic cigarette product that is
1415
being added to the registry in the first instance; and
1416
(iii) information described in Subsection (10) if applicable.
1417
(b) The commission shall make the materials submitted under Subsection (3)(a)
1418
available to the Department of Health and Human Services for review and approval.
1419
(c) A manufacturer required to submit a certification form under this section shall notify
1420
the commission and the Department of Health and Human Services in a manner
1421
prescribed by the commission within 30 days of any material change making the
1422
certification form no longer accurate.
- 42 - 03-04 19:04 4th Sub. (Green) H.B. 432
1423
(d) On or before January 31 of each year and in a manner prescribed by the commission,
1424
a manufacturer shall:
1425
(i) recertify that the information contained in the certification is correct and accurate;
1426
(ii) correct or amend information if necessary; and
1427
(iii) pay a $250 nonrefundable fee for each flavored electronic cigarette product on
1428
the registry that is manufactured by the manufacturer.
1429
(e) A manufacturer may amend a certification, including to add additional flavored
1430
electronic cigarette products to the registry, if all requirements of this section are met.
1431
(f) The commission shall:
1432
(i) provide an electronic notification to a manufacturer that has not submitted a
1433
recertification under Subsection (3)(d); and
1434
(ii) remove a manufacturer or the flavored electronic cigarette product that is not
1435
recertified from the registry by March 15.
1436
(4)(a) The Department of Health and Human Services shall review materials described
1437
in Subsection (3)(a) and notify the commission regarding whether a flavored
1438
electronic cigarette product should be included in the registry.
1439
(b) On or before October 1, 2025, the commission shall make publicly available on the
1440
commission's website a registry that lists each flavored electronic cigarette product
1441
manufacturer and each flavored electronic cigarette product for which certification
1442
forms have been approved by the Department of Health and Human Services.
1443
(c) A flavored electronic cigarette product may not be listed on the registry unless the
1444
Department of Health and Human Services determines the product meets the
1445
requirements of Section 26B-7-505.
1446
(5)(a) If the Department of Health and Human Services obtains information that a
1447
flavored electronic cigarette product should not be listed in the registry, the
1448
Department of Health and Human Services shall provide the manufacturer notice and
1449
an opportunity to cure deficiencies before notifying the commission to remove the
1450
manufacturer or products from the registry.
1451
(b) Except as provided in Subsection (5)(c), the Department of Health and Human
1452
Services shall comply with Title 63G, Chapter 4, Administrative Procedures Act,
1453
before notifying the commission to remove a flavored electronic cigarette product or
1454
manufacturer from the registry.
1455
(c) Subsection (5)(b) does not apply to a manufacturer failing:
1456
(i) to recertify a flavored electronic cigarette product;
- 43 - 4th Sub. (Green) H.B. 432 03-04 19:04
1457
(ii) to provide fees and documentation described in Subsection (3)(a) or (3)(d); or
1458
(iii) to comply with Subsection (10).
1459
(6)(a) If a product is removed from the registry, each retailer, distributor, and wholesaler
1460
shall have 30 days from the day on which the product is removed from the registry to
1461
remove the product from any inventory and return the product to the manufacturer for
1462
disposal.
1463
(b) After the period described in Subsection (6)(a), any flavored electronic cigarette
1464
product of a manufacturer identified in the notice of removal are contraband and are
1465
subject to penalties under Subsection (8).
1466
(7)(a) Beginning on January 1, 2026, a person may not sell or offer for retail sale a
1467
flavored electronic cigarette product in this state that is not included in the registry.
1468
(b) A manufacturer may not sell, either directly or through a distributor, wholesaler,
1469
retailer, or similar intermediary or intermediaries, a flavored electronic cigarette
1470
product in this state that is not included in the registry.
1471
(8)(a) A wholesaler, distributor, or retailer who sells or offers for retail sale a flavored
1472
electronic cigarette product in this state that is not included in the registry shall be
1473
subject to a civil penalty of:
1474
(i) $1,000 for each product offered for sale in violation of this section; and
1475
(ii) $100 per day until the offending product is removed from the market or until the
1476
offending product is properly listed on the registry.
1477
(b) The commission shall suspend the person's license issued under Section 59-14-803
1478
for a violation of Subsection (8)(a) as follows:
1479
(i) for a second violation within a 12-month period, at least 14 days;
1480
(ii) for a third violation within a 12-month period, at least 60 days; or
1481
(iii) for a fourth violation within a 12-month period, at least one year.
1482
(c) A manufacturer whose flavored electronic cigarette products are not listed in the
1483
registry and are sold in this state, whether directly or through a distributor,
1484
wholesaler, retailer, or similar intermediary or intermediaries, is subject to a civil
1485
penalty of:
1486
(i) $1,000 for each product offered for retail sale in violation of this section; and
1487
(ii) $100 per day until the offending product is removed from the market or until the
1488
offending product is properly listed on the registry.
1489
(d) A manufacturer that falsely represents any information required by a certification
1490
form described in this section shall be guilty of a class C misdemeanor for each false
- 44 - 03-04 19:04 4th Sub. (Green) H.B. 432
1491
representation.
1492
(e) A repeated violation of this section shall constitute a deceptive act or practice as
1493
provided in Sections 13-11-4 and 13-11a-3 and shall be subject to any remedies or
1494
penalties available for a violation of those sections.
1495
(9)(a) To assist in ensuring compliance and enforcement of this section, the commission
1496
shall disclose to the following entities, upon request, any information obtained under
1497
this section:
1498
(i) the Department of Health and Human Services;
1499
(ii) a local health department;
1500
(iii) a law enforcement agency; or
1501
(iv) the attorney general.
1502
(b) The commission and attorney general shall share with each other information
1503
received under this section, or corresponding laws of other states.
1504
(10)(a) The commission may not list a nonresident manufacturer's flavored electronic
1505
cigarette products in the registry unless:
1506
(i) the nonresident manufacturer has registered to do business in the state as a foreign
1507
corporation or business entity; or
1508
(ii) the nonresident manufacturer appoints and maintains without interruption the
1509
services of an agent in this state to receive any service of process on behalf of the
1510
manufacturer.
1511
(b) The nonresident manufacturer shall provide the name, address, and telephone
1512
number of the agent to the commission.
1513
(c)(i) A nonresident manufacturer shall provide notice to the commission 30 days
1514
before the termination of the authority of an agent and shall further provide proof
1515
to the satisfaction of the commission of the appointment of a new agent no less
1516
than five calendar days prior to the termination of an existing agent appointment.
1517
(ii) In the event an agent terminates an agency appointment, the manufacturer shall
1518
notify the commission of the termination within five calendar days and shall
1519
include proof to the satisfaction of the commission of the appointment of a new
1520
agent.
1521
(11) Before May 31, 2027, and each May 31 thereafter, the commission and the Department
1522
of Health and Human Services shall provide a report to the Revenue and Taxation
1523
Interim Committee and the Health and Human Services Interim Committee regarding:
1524
(a) the status of the registry;
- 45 - 4th Sub. (Green) H.B. 432 03-04 19:04
1525
(b) manufacturers and products included in the registry; and
1526
(c) revenue and expenditures related to administration of this section.
1527
(12) All fees and penalties collected under this section shall be used for administration and
1528
enforcement of this section and deposited into the account created in Section 59-14-906.
1529
(13) The commission, in consultation with the Department of Health and Human Services,
1530
may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1531
Rulemaking Act, to implement this section.
1532
(14) For a flavored electronic cigarette product, the registration required under this section
1533
is in addition to the registration described in Section 59-14-810.
1534
Section 22. Section 63I-2-226 is amended to read:
1535
63I-2-226 [(Effective 07/01/24) ] (Effective upon governor's approval). Repeal
1536
dates: Titles 26 through 26B.
1537
(1) Section 26B-1-241, Tardive dyskinesia, is repealed July 1, 2024.
1538
(2) Section 26B-1-302, National Professional Men's Basketball Team Support of Women
1539
and Children Issues Restricted Account, is repealed July 1, 2024.
1540
(3) Section 26B-1-309, Medicaid Restricted Account, is repealed July 1, 2024.
1541
(4) Section 26B-1-313, Cancer Research Restricted Account, is repealed July 1, 2024.
1542
(5) Section 26B-1-420, Cannabis Research Review Board, is repealed July 1, 2026.
1543
(6) Subsection 26B-1-421(9)(a), regarding a report to the Cannabis Research Review
1544
Board, is repealed July 1, 2026.
1545
(7) Section 26B-1-423, Rural Physician Loan Repayment Program Advisory Committee --
1546
Membership -- Compensation -- Duties, is repealed July 1, 2026.
1547
(8) Section 26B-2-243, Data collection and reporting requirements concerning incidents of
1548
abuse, neglect, or exploitation, is repealed July 1, 2027.
1549
(9) Section 26B-3-142, Long-acting injectables, is repealed July 1, 2024.
1550
(10) Subsection 26B-3-215(5), regarding reporting on coverage for in vitro fertilization and
1551
genetic testing, is repealed July 1, 2030.
1552
(11) Subsection 26B-4-201(5), regarding the Cannabis Research Review Board, is repealed
1553
July 1, 2026.
1554
(12) Subsection 26B-4-212(1)(b), regarding the Cannabis Research Review Board, is
1555
repealed July 1, 2026.
1556
(13) Section 26B-4-702, Creation of Utah Health Care Workforce Financial Assistance
1557
Program, is repealed July 1, 2027.
1558
(14) Subsection 26B-4-703(3)(b), regarding per diem and expenses for the Rural Physician
- 46 - 03-04 19:04 4th Sub. (Green) H.B. 432
1559
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
1560
(15) Subsection 26B-4-703(3)(c), regarding expenses for the Rural Physician Loan
1561
Repayment Program, is repealed July 1, 2026.
1562
(16) Subsection 26B-4-703(6)(b), regarding recommendations from the Rural Physician
1563
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
1564
(17) Section 26B-5-117, Early childhood mental health support grant program, is repealed
1565
January 2, 2025.
1566
(18) Section 26B-5-302.5, Study concerning civil commitment and the Utah State Hospital,
1567
is repealed July 1, 2025.
1568
(19) Section 26B-6-414, Respite care services, is repealed July 1, 2025.
1569
(20) Section 26B-7-120, Invisible condition alert program education and outreach, is
1570
repealed July 1, 2025.
1571
(21) Subsection 26B-7-509(2)(d), regarding the 2025 fiscal year renewal fee, is repealed
1572
July 1, 2026.
1573
Section 23. Section 63I-2-259 is amended to read:
1574
63I-2-259 (Effective 06/21/24). Repeal dates: Title 59.
1575
(1) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as the
1576
targeted business income tax credit, is repealed December 31, 2024.
1577
(2) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year as
1578
the targeted business income tax credit, is repealed December 31, 2024.
1579
(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
1580
(4) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed December
1581
31, 2024.
1582
(5) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year as
1583
the targeted business income tax credit, is repealed December 31, 2024.
1584
(6) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable year as
1585
the targeted business income tax credit, is repealed December 31, 2024.
1586
(7) Section 59-10-1112, Targeted business income tax credit, is repealed December 31,
1587
2024.
1588
(8) Section 59-10-908, Flavored electronic cigarette product registry, is repealed July 1,
1589
2028.
1590
Section 24. Section 76-10-101 is amended to read:
1591
76-10-101 (Effective upon governor's approval). Definitions.
1592
As used in this part:
- 47 - 4th Sub. (Green) H.B. 432 03-04 19:04
1593
(1)(a) "Alternative nicotine product" means a product, other than a cigarette, a
1594
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine
1595
product, or a tobacco product, that:
1596
(i) contains nicotine;
1597
(ii) is intended for human consumption;
1598
(iii) is not purchased with a prescription from a licensed physician; and
1599
(iv) is not approved by the United States Food and Drug Administration as nicotine
1600
replacement therapy.
1601
(b) "Alternative nicotine product" includes:
1602
(i) pure nicotine;
1603
(ii) snortable nicotine;
1604
(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
1605
(iv) nicotine-laced food and beverage.
1606
(c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
1607
contains naturally occurring nicotine.
1608
(2) "Cigar" means a product that contains nicotine, is intended to be burned under ordinary
1609
conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any
1610
substance containing tobacco, other than any roll of tobacco that is a cigarette.
1611
(3) "Cigarette" means a product that contains nicotine, is intended to be heated or burned
1612
under ordinary conditions of use, and consists of:
1613
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
1614
(b) any roll of tobacco wrapped in any substance containing tobacco which, because of
1615
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is
1616
likely to be offered to, or purchased by, consumers as a cigarette described in
1617
Subsection (3)(a).
1618
(4)(a) "Electronic cigarette" means:
1619
(i) any electronic oral device:
1620
(A) that provides an aerosol or a vapor of nicotine or other substance; and
1621
(B) which simulates smoking through the use or inhalation of the device;
1622
(ii) a component of the device described in Subsection (4)(a)(i); or
1623
(iii) an accessory sold in the same package as the device described in Subsection
1624
(4)(a)(i).
1625
(b) "Electronic cigarette" includes an oral device that is:
1626
(i) composed of a heating element, battery, or electronic circuit; and
- 48 - 03-04 19:04 4th Sub. (Green) H.B. 432
1627
(ii) marketed, manufactured, distributed, or sold as:
1628
(A) an e-cigarette;
1629
(B) an e-cigar;
1630
(C) an e-pipe; or
1631
(D) any other product name or descriptor, if the function of the product meets the
1632
definition of Subsection (4)(a).
1633
(c) "Electronic cigarette" does not mean a medical cannabis device, as that term is
1634
defined in Section 26B-4-201.
1635
(5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
1636
substance, or a prefilled electronic cigarette.
1637
(6) "Electronic cigarette substance" means any substance, including liquid containing
1638
nicotine, used or intended for use in an electronic cigarette.
1639
(7)(a) "Flavored electronic cigarette product" means an electronic cigarette product that
1640
has a taste or smell that is distinguishable by an ordinary consumer either before or
1641
during use or consumption of the electronic cigarette product.
1642
(b) "Flavored electronic cigarette product" includes an electronic cigarette product that is
1643
labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy,
1644
cocoa, dessert, alcoholic beverage, herb, spice, or mint.
1645
(c) "Flavored electronic cigarette product" does not include an electronic cigarette
1646
product that has a taste or smell of only tobacco or menthol.
1647
(8) "Nicotine" means a poisonous, nitrogen containing chemical that is made synthetically
1648
or derived from tobacco or other plants.
1649
(9) "Nicotine product" means an alternative nicotine product or a nontherapeutic nicotine
1650
product.
1651
(10) "Nicotine restricted individual" means an individual to whom the sale, offer for sale, or
1652
furnishing of a tobacco product, nicotine product, or electronic cigarette product is
1653
prohibited by:
1654
(a) law; or
1655
(b) court order.
1656
[(10)] (11)(a) "Nontherapeutic nicotine device" means a device that:
1657
(i) has a pressurized canister that is used to administer nicotine to the user through
1658
inhalation or intranasally;
1659
(ii) is not purchased with a prescription from a licensed physician; and
1660
(iii) is not approved by the United States Food and Drug Administration as nicotine
- 49 - 4th Sub. (Green) H.B. 432 03-04 19:04
1661
replacement therapy.
1662
(b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a
1663
nontherapeutic nicotine nasal spray.
1664
[(11)] (12) "Nontherapeutic nicotine device substance" means a substance that:
1665
(a) contains nicotine;
1666
(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
1667
(c) is not purchased with a prescription from a licensed physician; and
1668
(d) is not approved by the United States Food and Drug Administration as nicotine
1669
replacement therapy.
1670
[(12)] (13) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a
1671
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
1672
[(13)] (14) "Place of business" includes:
1673
(a) a shop;
1674
(b) a store;
1675
(c) a factory;
1676
(d) a public garage;
1677
(e) an office;
1678
(f) a theater;
1679
(g) a recreation hall;
1680
(h) a dance hall;
1681
(i) a poolroom;
1682
(j) a cafe;
1683
(k) a cafeteria;
1684
(l) a cabaret;
1685
(m) a restaurant;
1686
(n) a hotel;
1687
(o) a lodging house;
1688
(p) a streetcar;
1689
(q) a bus;
1690
(r) an interurban or railway passenger coach;
1691
(s) a waiting room; and
1692
(t) any other place of business.
1693
[(14)] (15) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
1694
with an electronic cigarette substance.
- 50 - 03-04 19:04 4th Sub. (Green) H.B. 432
1695
[(15)] (16) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine
1696
device that is sold prefilled with a nontherapeutic nicotine device substance.
1697
[(16)] (17) "Premarket authorized or pending electronic cigarette product" means an
1698
electronic cigarette product that:
1699
[(a)(i)] (a) has been approved by an order granting a premarket tobacco product
1700
application of the electronic cigarette product by the United States Food and Drug
1701
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
1702
[(ii)] (b)[(A)] (i) was marketed in the United States on or before August 8, 2016;
1703
[(B)] (ii) the manufacturer submitted a premarket tobacco product application for the
1704
electronic cigarette product to the United States Food and Drug Administration
1705
under 21 U.S.C. Sec. 387j on or before September 9, 2020; and
1706
[(C)] (iii) has an application described in Subsection [(16)(a)(ii)] (17)(b)(ii) that either
1707
remains under review by the United States Food and Drug Administration or a
1708
final decision on the application has not taken effect.[; and]
1709
[(b) does not exceed:]
1710
[(i) 4.0% nicotine by weight per container; or]
1711
[(ii) a nicotine concentration of 40 milligrams per milliliter.]
1712
[(17)] (18) "Retail tobacco specialty business" means the same as that term is defined in
1713
Section 26B-7-501.
1714
[(18)] (19) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
1715
lighted smoking equipment.
1716
[(19)] (20)(a) "Tobacco paraphernalia" means equipment, product, or material of any
1717
kind that is used, intended for use, or designed for use to package, repackage, store,
1718
contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an
1719
electronic cigarette substance, or a nontherapeutic nicotine device substance into the
1720
human body.
1721
(b) "Tobacco paraphernalia" includes:
1722
(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1723
screens, permanent screens, hashish heads, or punctured metal bowls;
1724
(ii) water pipes;
1725
(iii) carburetion tubes and devices;
1726
(iv) smoking and carburetion masks;
1727
(v) roach clips, meaning objects used to hold burning material, such as a cigarette,
1728
that has become too small or too short to be held in the hand;
- 51 - 4th Sub. (Green) H.B. 432 03-04 19:04
1729
(vi) chamber pipes;
1730
(vii) carburetor pipes;
1731
(viii) electric pipes;
1732
(ix) air-driven pipes;
1733
(x) chillums;
1734
(xi) bongs; and
1735
(xii) ice pipes or chillers.
1736
(c) "Tobacco paraphernalia" does not include matches or lighters.
1737
[(20)] (21) "Tobacco product" means:
1738
(a) a cigar;
1739
(b) a cigarette; or
1740
(c) tobacco in any form, including:
1741
(i) chewing tobacco; and
1742
(ii) any substitute for tobacco, including flavoring or additives to tobacco.
1743
[(21)] (22) "Tobacco retailer" means:
1744
(a) a general tobacco retailer, as that term is defined in Section 26B-7-501; or
1745
(b) a retail tobacco specialty business.
1746
Section 25. Section 76-10-104 is amended to read:
1747
76-10-104 (Effective upon governor's approval). Providing a cigar, a cigarette,
1748
an electronic cigarette product, a nicotine product, or tobacco to a minor -- Penalties.
1749
(1) As used in this section "provides":
1750
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
1751
(b) does not include the acts of the United States Postal Service or other common carrier
1752
when engaged in the business of transporting and delivering packages for others or
1753
the acts of a person, whether compensated or not, who transports or delivers a
1754
package for another person without any reason to know of the package's content.
1755
(2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
1756
provides a tobacco product, an electronic cigarette product, or a nicotine product to an
1757
individual who is under 21 years old, is guilty of:
1758
(a) a class [C] B misdemeanor on the first offense; and
1759
[(b) a class B misdemeanor on the second offense; and]
1760
[(c)] (b) a class A misdemeanor on any subsequent offense.
1761
(3) This section does not apply to conduct of an employee of a tobacco retailer that is a
1762
violation of Section 76-10-114.
- 52 - 03-04 19:04 4th Sub. (Green) H.B. 432
1763
(4)(a) After a conviction under this section, a court shall designate the individual as a
1764
nicotine restricted individual for a period of time not to exceed the probationary
1765
period, unless the court finds good cause to order a shorter or longer time.
1766
(b) The court shall provide the Department of Public Safety information regarding a
1767
nicotine restricted individual and the length of time the individual is restricted for
1768
entry into the system created in Section Section 53-1-106.
1769
Section 26. Section 76-10-104.1 is amended to read:
1770
76-10-104.1 (Effective upon governor's approval). Providing tobacco
1771
paraphernalia to a minor -- Penalties.
1772
(1) As used in this section, "provides":
1773
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
1774
(b) does not include the acts of the United States Postal Service or other common carrier
1775
when engaged in the business of transporting and delivering packages for others or
1776
the acts of a person, whether compensated or not, who transports or delivers a
1777
package for another person without any reason to know of the package's content.
1778
(2)(a) It is unlawful for an individual to knowingly, intentionally, recklessly, or with
1779
criminal negligence provide tobacco paraphernalia to an individual under 21 years
1780
old.
1781
(b) An individual who violates this section is guilty of:
1782
(i) a class [C] B misdemeanor on the first offense; and
1783
(ii) a class [B] A misdemeanor on any subsequent offense.
1784
Section 27. Section 76-10-105.1 is amended to read:
1785
76-10-105.1 (Effective upon governor's approval). Requirement of direct,
1786
face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine
1787
product -- Minors not allowed in tobacco specialty shop -- Penalties.
1788
(1) As used in this section:
1789
(a)(i) "Face-to-face exchange" means a transaction made in person between an
1790
individual and a retailer or retailer's employee.
1791
(ii) "Face-to-face exchange" does not include a sale through a:
1792
(A) vending machine;[ or]
1793
(B) self-service display[.] ; or
1794
(C) a drive through.
1795
(b) "Retailer" means a person who:
1796
(i) sells a tobacco product, an electronic cigarette product, or a nicotine product to an
- 53 - 4th Sub. (Green) H.B. 432 03-04 19:04
1797
individual for personal consumption; or
1798
(ii) operates a facility with a vending machine that sells a tobacco product, an
1799
electronic cigarette product, or a nicotine product.
1800
(c) "Self-service display" means a display of a tobacco product, an electronic cigarette
1801
product, or a nicotine product to which the public has access without the intervention
1802
of a retailer or retailer's employee.
1803
(2) Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic
1804
cigarette product, or a nicotine product only in a face-to-face exchange.
1805
(3) The face-to-face sale requirement in Subsection (2) does not apply to:
1806
(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;
1807
or
1808
(b) a sale from a vending machine or self-service display that is located in an area of a
1809
retailer's facility:
1810
(i) that is distinct and separate from the rest of the facility; and
1811
(ii) where the retailer only allows an individual who complies with Subsection (4) to
1812
be present[; or] .
1813
[(c) a sale at a retail tobacco specialty business.]
1814
(4) An individual who is under 21 years old may not enter or be present at a retail tobacco
1815
specialty business unless the individual is:
1816
[(a) accompanied by a parent or legal guardian; or]
1817
[(b)(i)] (a) present at the retail tobacco specialty business solely for the purpose of
1818
providing a service to the retail tobacco specialty business, including making a
1819
delivery;
1820
[(ii)] (b) monitored by the proprietor of the retail tobacco specialty business or an
1821
employee of the retail tobacco specialty business; and
1822
[(iii)] (c) not permitted to make any purchase or conduct any commercial transaction
1823
other than the service described in Subsection [(4)(b)(i)] (4)(a).
1824
[(5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
1825
into an area described in Subsection (3)(b) or into a retail tobacco specialty business
1826
may not allow the individual to purchase a tobacco product, an electronic cigarette
1827
product, or a nicotine product.]
1828
[(6)] (5) A violation of Subsection (2) or (4) is a:
1829
(a) class [C] B misdemeanor on the first offense; and
1830
[(b) class B misdemeanor on the second offense; and]
- 54 - 03-04 19:04 4th Sub. (Green) H.B. 432
1831
[(c)] (b) class A misdemeanor on any subsequent offenses.
1832
[(7) An individual who violates Subsection (5) is guilty of an offense under Section
1833
76-10-104.]
1834
Section 28. Section 76-10-111 is amended to read:
1835
76-10-111 (Effective upon governor's approval). Restrictions on sale of
1836
smokeless tobacco or electronic cigarette products -- Exceptions.
1837
(1) The Legislature finds that:
1838
(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
1839
use those products because research indicates that they may cause mouth or oral
1840
cancers;
1841
(b) the use of smokeless tobacco among juveniles in this state is [increasing rapidly] a
1842
matter of great concern;
1843
(c) the use of electronic cigarette products may lead to unhealthy behavior such as the
1844
use of tobacco products; and
1845
(d) it is necessary to restrict the gift of the products described in this Subsection (1) in
1846
the interest of the health of the citizens of this state.
1847
(2)(a) Except as provided in Subsection (3), it is unlawful for a manufacturer,
1848
wholesaler, and retailer to:
1849
(i) give or distribute without charge any smokeless tobacco, chewing tobacco, or
1850
electronic cigarette product in this state;
1851
(ii) sell, offer for sale, or furnish any electronic cigarette product at less than the cost,
1852
including the amount of any applicable tax, of the product to the manufacturer,
1853
wholesaler, or retailer; or
1854
(iii) give, distribute, sell, offer for sale, or furnish any electronic cigarette product for
1855
free or at a lower price because the recipient of the electronic cigarette product
1856
makes another purchase.
1857
(b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection
1858
(2)(a)(ii) does not include a discount for:
1859
(i) a physical manufacturer coupon:
1860
(A) that is surrendered to the wholesaler or retailer at the time of sale; and
1861
(B) for which the manufacturer will reimburse the wholesaler or the retailer for
1862
the full amount of the discount described in the manufacturer coupon and
1863
provided to the purchaser;
1864
(ii) a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for
- 55 - 4th Sub. (Green) H.B. 432 03-04 19:04
1865
the full amount of the rebate provided to the purchaser; or
1866
(iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the
1867
retailer for the full amount of the promotional fund provided to the purchaser.
1868
(c) Any individual who violates this section is guilty of:
1869
(i) a class [C] B misdemeanor for the first offense; and
1870
(ii) a class [B] A misdemeanor for any subsequent offense.
1871
(3) Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be
1872
distributed to adults without charge at professional conventions where the general public
1873
is excluded.
1874
Section 29. Section 76-10-112 is amended to read:
1875
76-10-112 (Effective upon governor's approval). Prohibition of distribution of a
1876
tobacco product -- Exceptions.
1877
(1) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, or
1878
retailer to give or distribute a tobacco product in this state without charge.
1879
(2) An individual who violates this subsection is guilty of:
1880
(a) a class [C] B misdemeanor for the first offense; and
1881
(b) a class [B] A misdemeanor for any subsequent offense.
1882
(3) A tobacco product may be distributed to an adult without charge at a professional
1883
convention where the general public is excluded.
1884
(4) The prohibition described in Subsection (1) does not apply to a tobacco retailer, a
1885
manufacturer, or a distributor that gives a tobacco product to an individual who is 21
1886
years old or older upon the individual's purchase of a tobacco product.
1887
Section 30. Section 76-10-113 is amended to read:
1888
76-10-113 (Effective upon governor's approval). Prohibition on distribution of
1889
flavored electronic cigarette products -- Prohibition of electronic cigarette products
1890
without federal authorization.
1891
(1) [Subject to Subsection (2), it ] It is unlawful for a tobacco retailer that is not a retail
1892
tobacco specialty business to give, distribute, sell, offer for sale, or furnish a flavored
1893
electronic cigarette product to any person.
1894
[(2) Notwithstanding Subsection (1), and beginning on January 1, 2025, it is unlawful for a
1895
person to give, distribute, sell, offer for sale, or furnish to any person a flavored
1896
electronic cigarette product.]
1897
[(3)] (2) Beginning on January 1, 2025, it is unlawful for a person that is not a retail tobacco
1898
specialty business to give, distribute, sell, offer for sale, or furnish to any person an
- 56 - 03-04 19:04 4th Sub. (Green) H.B. 432
1899
electronic cigarette product that is not a premarket authorized or pending electronic
1900
cigarette product.
1901
[(4)] (3) An individual who violates this section is guilty of:
1902
(a) a class [C] B misdemeanor for the first offense; and
1903
(b) a class [B] A misdemeanor for any subsequent offense.
1904
Section 31. Section 76-10-113.1 is enacted to read:
1905
76-10-113.1 (Effective upon governor's approval). Unlawful possession or use of
1906
a flavored electronic cigarette product.
1907
(1) Terms defined in Sections 76-1-101.5 and 76-10-101 apply to this section.
1908
(2) Beginning January 1, 2026, an actor commits illegal possession or use of a flavored
1909
electronic cigarette product without state authorization if the actor possesses or uses a
1910
flavored electronic cigarette product that is not on the registry described in Section
1911
58-14-908.
1912
(3) A violation of Subsection (2) is a class C misdemeanor.
1913
Section 32. Section 76-10-113.2 is enacted to read:
1914
76-10-113.2 (Effective upon governor's approval). Distribution of flavored
1915
electronic cigarette product without state authorization.
1916
(1) Terms defined in Sections 76-1-101.5 and 76-10-101 apply to this section.
1917
(2) Beginning January 1, 2026, an actor commits illegal distribution of a flavored electronic
1918
cigarette product without state authorization if the actor gives, distributes, sells, offers
1919
for sale, or furnishes to any person an electronic cigarette product that is not on the
1920
registry described in Section 59-14-908.
1921
(3) A violation of Subsection (2) is:
1922
(a) a class B misdemeanor on the first offense; or
1923
(b) a class A misdemeanor on a subsequent offense.
1924
Section 33. Section 76-10-114 is amended to read:
1925
76-10-114 (Effective upon governor's approval). Unlawful sale of a tobacco
1926
product, electronic cigarette product, or nicotine product.
1927
(1) As used in this section:
1928
(a) "Compensatory service" means service or unpaid work performed by an employee, in
1929
lieu of the payment of a fine or imprisonment.
1930
(b) "Employee" means an employee or an owner of a tobacco retailer.
1931
(2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
1932
product, an electronic cigarette product, or a nicotine product in the course of business to
- 57 - 4th Sub. (Green) H.B. 432 03-04 19:04
1933
an individual who is under 21 years old.
1934
(3) An employee who violates this section is:
1935
(a) on a first violation:
1936
(i) guilty of [an infraction] a class C misdemeanor; and
1937
(ii) subject to:
1938
(A) a fine not exceeding $1,000; or
1939
(B) compensatory service; or
1940
(b) on any subsequent violation:
1941
(i) guilty of a class [C] B misdemeanor; and
1942
(ii) subject to:
1943
(A) a fine not exceeding $2,000; or
1944
(B) compensatory service.
1945
Section 34. Repealer.
1946
This bill repeals:
1947
Section 26A-1-131, (Effective upon governor's approval)Electronic cigarette registry
1948
enforcement.
1949
Section 35. Effective Date.
1950
(1) Except as provided in Subsection (2), this bill takes effect:
1951
(a) except as provided in Subsection (1)(b), May 7, 2025; or
1952
(b) if approved by two-thirds of all members elected to each house:
1953
(i) upon approval by the governor;
1954
(ii) without the governor's signature, the day following the constitutional time limit of
1955
Utah Constitution, Article VII, Section 8; or
1956
(iii) in the case of a veto, the date of veto override.
1957
(2) The actions affecting the following sections take effect on January 1, 2026:
1958
(a) Section 59-14-901 (Effective 01/01/26);
1959
(b) Section 59-14-902 (Effective 01/01/26);
1960
(c) Section 59-14-903 (Effective 01/01/26);
1961
(d) Section 59-14-904 (Effective 01/01/26);
1962
(e) Section 59-14-905 (Effective 01/01/26);
1963
(f) Section 59-14-906 (Effective 01/01/26);
1964
(g) Section 59-14-907 (Effective 01/01/26); and
1965
(h) Section 59-14-908 (Effective 01/01/26).
1966
Section 36. Coordinating H.B. 432 with H.B. 21.
- 58 - 03-04 19:04 4th Sub. (Green) H.B. 432
1967
If H.B. 432, Tobacco and Electronic Cigarette Enforcement Modifications, and H.B. 21,
1968
Criminal Code Recodification and Cross References, both pass and become law, the
1969
Legislature intends that, on May 7, 2025:
1970
(1) Subsection 76-9-1104(3) enacted in H.B. 21 be amended to read:
1971
"(3) A violation of Subsection (2) is:
1972
(a) a class B misdemeanor on the first offense; or
1973
(b) a class A misdemeanor on the second or subsequent offense.";
1974
(2) Subsection 76-10-105.1(1)(a)(ii) in H.B. 432 and Subsection 76-9-1107(1)(a)(i)(B) in
1975
H.B. 21 be amended to read:
1976
""Face-to-face exchange" does not include a sale through a[:] vending machine,
1977
self-service display, or drive-through.
1978
[(A) vending machine; or]
1979
[(B) self-service display.] ";
1980
(3) Subsection 76-9-1107(3) enacted in H.B. 21 be amended to read:
1981
"(3) A violation of Subsection (2) is:
1982
(a) a class B misdemeanor on the first offense; or
1983
(b) a class A misdemeanor on the second or subsequent offense.";
1984
(4) Subsection 76-9-1107(4)(b)(ii)(A) enacted in H.B. 21 be deleted and the remaining
1985
subsections be renumbered accordingly;
1986
(5) the following subsections in Section 76-9-1108 enacted in H.B. 21 be deleted and the
1987
remaining subsections be renumbered accordingly:
1988
(a) Subsection 76-9-1108(4)(a); and
1989
(b) Subsection 76-9-1108(5);
1990
(6) Subsection 76-9-1108(3) enacted in H.B. 21 be amended to read:
1991
"(3) A violation of Subsection (2) is:
1992
(a) a class B misdemeanor on the first offense; or
1993
(b) a class A misdemeanor on the second or subsequent offense.";
1994
(7) Subsection 76-9-1112(3) enacted in H.B. 21 be amended to read:
1995
"(3) A violation of Subsection (2) is:
1996
(a) a class B misdemeanor on the first offense; or
1997
(b) a class A misdemeanor on the second or subsequent offense.";
1998
(8) Section 76-9-1114 (renumbered from Section 76-10-113 in H.B. 21) be amended to
1999
read:
2000
"[(1) Subject to Subsection (2), it is unlawful for a tobacco retailer that is not a retail
- 59 - 4th Sub. (Green) H.B. 432 03-04 19:04
2001
tobacco specialty business to give, distribute, sell, offer for sale, or furnish a flavored
2002
electronic cigarette product to any person.]
2003
[(2) Notwithstanding Subsection (1), and beginning on January 1, 2025, it is unlawful
2004
for a person to give, distribute, sell, offer for sale, or furnish to any person a flavored
2005
electronic cigarette product.]
2006
[(3)Beginning on January 1, 2025, it is unlawful for a person to give, distribute, sell,
2007
offer for sale, or furnish to any person an electronic cigarette product that is not a
2008
premarket authorized or pending electronic cigarette product.]
2009
[(4)An individual who violates this section is guilty of:]
2010
[(a) a class C misdemeanor for the first offense; and]
2011
[(b)a class B misdemeanor for any subsequent offense.]
2012
(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
2013
(2) An actor commits illegal distribution of a flavored electronic cigarette product by
2014
a tobacco retailer if the actor:
2015
(a) is a tobacco retailer that is not a retail tobacco specialty business; and
2016
(b) gives, distributes, sells, offers for sale, or furnishes a flavored electronic cigarette
2017
product to any person.
2018
(3) A violation of Subsection (2) is:
2019
(a) a class B misdemeanor on the first offense; or
2020
(b) a class A misdemeanor on the second or subsequent offense."; and
2021
(9) Section 76-9-1115 enacted in H.B. 21 be amended to read:
2022
"(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
2023
(2) Beginning January 1, 2026, an actor commits illegal distribution of an electronic
2024
cigarette product without federal authorization if:
2025
(a) the actor is not a retail tobacco specialty business; and
2026
(b) the actor gives, distributes, sells, offers for sale, or furnishes to any person an
2027
electronic cigarette product that is not a premarket authorized or pending electronic
2028
cigarette product.
2029
(3) A violation of Subsection (2) is:
2030
(a) a class B misdemeanor on the first offense; or
2031
(b) a class A misdemeanor on a subsequent offense.".
- 60 -