Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 61 Fifth Substitute (2024GS)

Sponsor

Sen. Plumb, J.

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• codifies the nicotine content limit for electronic cigarettes.

Every vote on this bill

Bill text

ELECTRONIC CIGARETTE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
____________
LONG TITLE
General Description:
This bill codifies the nicotine content limit for electronic cigarettes.
Highlighted Provisions:
This bill:
▸ codifies the nicotine content limit for electronic cigarettes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-505
, as renumbered and amended by Laws of Utah 2023, Chapter 308
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-7-505
 is amended to read:
26B-7-505.
Electronic cigarette products -- Labeling -- Requirements to sell --
Advertising -- Labeling of nicotine products containing nicotine.
(1) The department shall, in consultation with a local health department and with input
from members of the public, establish by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance
that is not a manufacturer sealed electronic cigarette substance regarding:
(a) labeling;
[
(b) nicotine content;
]
[
(c)
] 
(b)
 packaging; and
[
(d)
] 
(c)
 product quality.
(2) On or before January 1, 2021, the department shall, in consultation with a local
health department and with input from members of the public, establish by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements
to sell a manufacturer sealed electronic cigarette product regarding:
(a) labeling;
[
(b) nicotine content;
]
[
(c)
] 
(b)
 packaging; and
[
(d)
] 
(c)
 product quality.
(3) Beginning on October 1, 2024:
(a) a substance described in Subsection (1) may not exceed:
(i) 360 milligrams per container; or
(ii) a nicotine concentration of 24 milligrams per milliliter; and
(b) a product described in Subsection (2) may not exceed:
(i) 3% nicotine by weight per container; or
(ii) a nicotine concentration of 36 milligrams per milliliter.
[
(3)
] 
(4)
 (a) A person may not sell an electronic cigarette substance unless the
electronic cigarette substance complies with the requirements established by the department
under Subsection (1).
(b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
cigarette product unless the manufacturer sealed electronic cigarette product complies with the
requirements established by the department under Subsection (2).
[
(4)
] 
(5)
 (a) A local health department may not enact a rule or regulation regarding
electronic cigarette substance labeling, nicotine content, packaging, or product quality that is
not identical to the requirements established by the department under Subsections (1) and (2).
(b) Except as provided in Subsection [
(4)(c)
] 
(5)(c)
, a local health department may
enact a rule or regulation regarding electronic cigarette substance manufacturing.
(c) A local health department may not enact a rule or regulation regarding a
manufacturer sealed electronic cigarette product.
[
(5)
] 
(6)
 A person may not advertise an electronic cigarette product as a tobacco
cessation device.
[
(6)
] 
(7) (a)
 Any nicotine product shall contain the statement described in Subsection
(7)
(b)
 if the nicotine product:
[
(a)
] 
(i)
 [
(i)
] 
(A)
 is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related
federal regulations; or
[
(ii)
] 
(B)
 is not otherwise required under federal or state law to contain a nicotine
warning; and
[
(b)
] 
(ii)
 contains nicotine.
[
(7)
] 
(b)
 A statement shall appear on the exterior packaging of a nicotine product
described in Subsection [
(6)
] 
(7)(a)
 as follows:
"This product contains nicotine."
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.