Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 84 (2025GS)

Sponsor

Rep. Lee, Trevor

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• designates food intended for human consumption that intentionally contains a vaccine or vaccine material as a drug; and
• makes technical amendments.

Every vote on this bill

Bill text

8
4-5-107
26B-7-108
58-37-2
0
Vaccine Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Trevor Lee
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill addresses vaccines or vaccine material.
Highlighted Provisions:
This bill:
defines terms;
designates food intended for human consumption that intentionally contains a vaccine or 
vaccine material as a drug; and
makes technical amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-108
, as renumbered and amended by Laws of Utah 2023, Chapter 308
58-37-2
, as last amended by Laws of Utah 2024, Chapter 35
ENACTS:
4-5-107
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-5-107
 is enacted to read:
4-5-107
. Food containing vaccine.
(1)
As used in this section, "vaccine or vaccine material" means a substance that is:
(a)
intended for use in humans to stimulate the production of antibodies and provide 
immunity against disease;
(b)
prepared from the causative agent of a disease, the disease's products, or a synthetic 
substitute treated to act as an antigen without including the disease; and
(c)
authorized or approved by the United States Food and Drug Administration.
(2)
A food intended for human consumption that intentionally contains a vaccine or vaccine 
material is considered a drug for purposes of this chapter, Section 
26B-7-108
, and Title 
58, Chapter 37, Utah Controlled Substances Act.
Section 2, Section 
26B-7-108
 is amended to read:
26B-7-108
. Rules for sale of drugs, cosmetics, and medical devices.
(1)
The department shall 
establish
make rules, in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act,
 and enforce 
the 
rules for the sale or distribution 
of human drugs, cosmetics, and medical devices. 
(2)
Food intended for human consumption that intentionally contains a vaccine or vaccine 
material is considered a human drug for purposes of this section as provided in Section 
4-5-107
.
(3)
The rules adopted under this section shall be no more stringent than those established by 
federal law.
Section 3, Section 
58-37-2
 is amended to read:
58-37-2
. Definitions.
(1)
As used in this chapter:
(a)
"Administer" means the direct application of a controlled substance, whether by 
injection, inhalation, ingestion, or any other means, to the body of a patient or 
research subject by:
(i)
a practitioner or, in the practitioner's presence, by the practitioner's authorized 
agent; or
(ii)
the patient or research subject at the direction and in the presence of the 
practitioner.
(b)
"Agent" means an authorized person who acts on behalf of or at the direction of a 
manufacturer, distributor, or practitioner but does not include a motor carrier, public 
warehouseman, or employee of any of them.
(c)
"Consumption" means ingesting or having any measurable amount of a controlled 
substance in a person's body, but this Subsection (1)(c) does not include the 
metabolite of a controlled substance.
(d)
"Continuing criminal enterprise" means any individual, sole proprietorship, 
partnership, corporation, business trust, association, or other legal entity, and any 
union or groups of individuals associated in fact although not a legal entity, and 
includes illicit as well as licit entities created or maintained for the purpose of 
engaging in conduct which constitutes the commission of episodes of activity made 
unlawful by 
Chapter 37, Utah Controlled Substances Act
this chapter
, Chapter 37a, 
Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, 
Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine 
Drug Lab Act, which episodes are not isolated, but have the same or similar 
purposes, results, participants, victims, methods of commission, or otherwise are 
interrelated by distinguishing characteristics. Taken together, the episodes shall 
demonstrate continuing unlawful conduct and be related either to each other or to the 
enterprise.
(e)
"Control" means to add, remove, or change the placement of a drug, substance, or 
immediate precursor under Section 
58-37-3
.
(f)
(i)
"Controlled substance" means a drug or substance:
(A)
included in Schedules I, II, III, IV, or V of Section 
58-37-4
;
(B)
included in Schedules I, II, III, IV, or V of the federal Controlled Substances 
Act, Title II, P.L. 91-513;
(C)
that is a controlled substance analog; or
(D)
listed in Section 
58-37-4.2
.
(ii)
"Controlled substance" does not include:
(A)
distilled spirits, wine, or malt beverages, as those terms are defined in Title 
32B, Alcoholic Beverage Control Act;
(B)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, 
or prevention of disease in human or other animals, which contains ephedrine, 
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is 
lawfully purchased, sold, transferred, or furnished as an over-the-counter 
medication without prescription; or
(C)
dietary supplements, vitamins, minerals, herbs, or other similar substances 
including concentrates or extracts, which:
(I)
are not otherwise regulated by law; and
(II)
may contain naturally occurring amounts of chemical or substances listed 
in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
(g)
(i)
"Controlled substance analog" means:
(A)
a substance the chemical structure of which is substantially similar to the 
chemical structure of a controlled substance listed in Schedules I and II of 
Section 
58-37-4
, a substance listed in Section 
58-37-4.2
, or in Schedules I and 
II of the federal Controlled Substances Act, Title II, P.L. 91-513;
(B)
a substance 
which
that
 has a stimulant, depressant, or hallucinogenic effect 
on the central nervous system substantially similar to the stimulant, depressant, 
or hallucinogenic effect on the central nervous system of controlled substances 
listed in Schedules I and II of Section 
58-37-4
, substances listed in Section 
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled 
Substances Act, Title II, P.L. 91-513; or
(C)
A substance 
which
that
, with respect to a particular individual, is represented 
or intended to have a stimulant, depressant, or hallucinogenic effect on the 
central nervous system substantially similar to the stimulant, depressant, or 
hallucinogenic effect on the central nervous system of controlled substances 
listed in Schedules I and II of Section 
58-37-4
, substances listed in Section 
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled 
Substances Act, Title II, P.L. 91-513.
(ii)
"Controlled substance analog" does not include:
(A)
a controlled substance currently scheduled in Schedules I through V of 
Section 
58-37-4
;
(B)
a substance for which there is an approved new drug application;
(C)
a substance with respect to which an exemption is in effect for investigational 
use by a particular person under Section 505 of the Food, Drug, and Cosmetic 
Act, 21 U.S.C. 355, to the extent the conduct with respect to the substance is 
permitted by the exemption;
(D)
any substance to the extent not intended for human consumption before an 
exemption takes effect with respect to the substance;
(E)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, 
or prevention of disease in man or other animals, which contains ephedrine, 
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is 
lawfully purchased, sold, transferred, or furnished as an over-the-counter 
medication without prescription; or
(F)
dietary supplements, vitamins, minerals, herbs, or other similar substances 
including concentrates or extracts, which are not otherwise regulated by law, 
which may contain naturally occurring amounts of chemical or substances 
listed in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
(h)
(i)
"Conviction" means a determination of guilt by verdict, whether jury or bench, 
or plea, whether guilty or no contest, for any offense proscribed by:
(A)
Chapter 37, Utah Controlled Substances Act
this chapter
;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act; or
(ii)
for any offense under the laws of the United States and any other state which, if 
committed in this state, would be an offense under:
(A)
Chapter 37, Utah Controlled Substances Act
this chapter
;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act.
(i)
"Counterfeit substance" means:
(i)
any controlled substance or container or labeling of any controlled substance that:
(A)
without authorization bears the trademark, trade name, or other identifying 
mark, imprint, number, device, or any likeness of them, of a manufacturer, 
distributor, or dispenser other than the person or persons who in fact 
manufactured, distributed, or dispensed the substance which falsely purports to 
be a controlled substance distributed by any other manufacturer, distributor, or 
dispenser; and
(B)
a reasonable person would believe to be a controlled substance distributed by 
an authorized manufacturer, distributor, or dispenser based on the appearance 
of the substance as described under Subsection (1)(i)(i)(A) or the appearance of 
the container of that controlled substance; or
(ii)
any substance other than under Subsection (1)(i)(i) that:
(A)
is falsely represented to be any legally or illegally manufactured controlled 
substance; and
(B)
a reasonable person would believe to be a legal or illegal controlled substance.
(j)
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a 
controlled substance or a listed chemical, whether or not an agency relationship exists.
(k)
"Department" means the Department of Commerce.
(l)
"Depressant or stimulant substance" means:
(i)
a drug which contains any quantity of barbituric acid or any of the salts of 
barbituric acid;
(ii)
a drug which contains any quantity of:
(A)
amphetamine or any of its optical isomers;
(B)
any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C)
any substance which the Secretary of Health and Human Services or the 
Attorney General of the United States after investigation has found and by 
regulation designated habit-forming because of its stimulant effect on the 
central nervous system;
(iii)
lysergic acid diethylamide; or
(iv)
any drug which contains any quantity of a substance which the Secretary of 
Health and Human Services or the Attorney General of the United States after 
investigation has found to have, and by regulation designated as having, a 
potential for abuse because of its depressant or stimulant effect on the central 
nervous system or its hallucinogenic effect.
(m)
"Dispense" means the delivery of a controlled substance by a pharmacist to an 
ultimate user pursuant to the lawful order or prescription of a practitioner, and 
includes distributing to, leaving with, giving away, or disposing of that substance as 
well as the packaging, labeling, or compounding necessary to prepare the substance 
for delivery.
(n)
"Dispenser" means a pharmacist who dispenses a controlled substance.
(o)
"Distribute" means to deliver other than by administering or dispensing a controlled 
substance or a listed chemical.
(p)
"Distributor" means a person who distributes controlled substances.
(q)
"Division" means the Division of Professional Licensing created in Section 
58-1-103
.
(r)
(i)
"Drug" means:
(A)
a substance recognized in the official United States Pharmacopoeia, Official 
Homeopathic Pharmacopoeia of the United States, or Official National 
Formulary, or any supplement to any of them, intended for use in the 
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or 
animals;
(B)
a substance that is required by any applicable federal or state law or rule to be 
dispensed by prescription only or is restricted to administration by practitioners 
only;
(C)
a substance other than food intended to affect the structure or any function of 
the body of humans or other animals; and
(D)
substances intended for use as a component of any substance specified in 
Subsections (1)(r)(i)(A), (B), and (C).
(ii)
"Drug" does not include dietary supplements.
(iii)
"Drug" includes a food intended for human consumption that intentionally 
contains a vaccine or vaccine material as provided in Section 
4-5-107
.
(s)
"Drug dependent person" means any individual who unlawfully and habitually uses 
any controlled substance to endanger the public morals, health, safety, or welfare, or 
who is so dependent upon the use of controlled substances as to have lost the power 
of self-control with reference to the individual's dependency.
(t)
(i)
"Food" means:
(i)
(A)
any nutrient or substance of plant, mineral, or animal origin other than a 
drug as specified in this chapter, and normally ingested by human beings; and
(ii)
(B)
foods for special dietary uses as exist by reason of a physical, 
physiological, pathological, or other condition including
 but not limited to
 the 
conditions of disease, convalescence, pregnancy, lactation, allergy, 
hypersensitivity to food, underweight, and overweight; uses for supplying a 
particular dietary need which exist by reason of age including
 but not limited 
to
 the ages of infancy and childbirth, and also uses for supplementing and for 
fortifying the ordinary or unusual diet with any vitamin, mineral, or other 
dietary property for use of a food. 
(ii)
Any particular use of a food is a special dietary use regardless of the nutritional 
purposes.
(u)
"Immediate precursor" means a substance which the Attorney General of the United 
States has found to be, and by regulation designated as being, the principal compound 
used or produced primarily for use in the manufacture of a controlled substance, or 
which is an immediate chemical intermediary used or likely to be used in the 
manufacture of a controlled substance, the control of which is necessary to prevent, 
curtail, or limit the manufacture of the controlled substance.
(v)
"Indian" means a member of an Indian tribe.
(w)
"Indian religion" means 
any
a
 religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture or 
community; and
(ii)
which
that
 is practiced by Indians.
(x)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or 
community of Indians, including any Alaska Native village, which is legally 
recognized as eligible for and is consistent with the special programs, services, and 
entitlements provided by the United States to Indians because of their status as 
Indians.
(y)
"Manufacture" means the production, preparation, propagation, compounding, or 
processing of a controlled substance, either directly or indirectly by extraction from 
substances of natural origin, or independently by means of chemical synthesis or by a 
combination of extraction and chemical synthesis.
(z)
"Manufacturer" includes any person who packages, repackages, or labels any 
container of any controlled substance, except pharmacists who dispense or compound 
prescription orders for delivery to the ultimate consumer.
(aa)
(i)
"Marijuana" means all species of the genus cannabis and all parts of the genus, 
whether growing or not, including:
(A)
seeds;
(B)
resin extracted from any part of the plant, including the resin extracted from 
the mature stalks;
(C)
every compound, manufacture, salt, derivative, mixture, or preparation of the 
plant, seeds, or resin;
(D)
any synthetic equivalents of the substances contained in the plant cannabis 
sativa or any other species of the genus cannabis which are chemically 
indistinguishable and pharmacologically active; and
(E)
any component part or cannabinoid extracted or isolated from the plant, 
including extracted or isolated tetrahydrocannabinols.
(ii)
"Marijuana" does not include:
(A)
the mature stalks of the plant;
(B)
fiber produced from the stalks;
(C)
oil or cake made from the seeds of the plant;
(D)
except as provided in Subsection (1)(aa)(i), any other compound, 
manufacture, salt, derivative, mixture, or preparation of the mature stalks, 
fiber, oil or cake;
(E)
the sterilized seed of the plant which is incapable of germination;
(F)
any compound, mixture, or preparation approved by the federal Food and 
Drug Administration under the federal Food, Drug, and Cosmetic Act, 21 
U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances 
in Section 
58-37-4
 or in the federal Controlled Substances Act, Title II, P.L. 
91-513; or
(G)
transportable industrial hemp concentrate as that term is defined in Section 
4-41-102
.
(bb)
"Money" means officially issued coin and currency of the United States or any 
foreign country.
(cc)
"Narcotic drug" means any of the following, whether produced directly or indirectly 
by extraction from substances of vegetable origin, or independently by means of 
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i)
opium, coca leaves, and opiates;
(ii)
a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, 
or opiates;
(iii)
opium poppy and poppy straw; or
(iv)
a substance, and any compound, manufacture, salt, derivative, or preparation of 
the substance, which is chemically identical with any of the substances referred to 
in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include 
decocainized coca leaves or extracts of coca leaves which do not contain cocaine 
or ecgonine.
(dd)
"Negotiable instrument" means documents, containing an unconditional promise to 
pay a sum of money, which are legally transferable to another party by endorsement 
or delivery.
(ee)
"Opiate" means any drug or other substance having an addiction-forming or 
addiction-sustaining liability similar to morphine or being capable of conversion into 
a drug having addiction-forming or addiction-sustaining liability.
(ff)
"Opium poppy" means the plant of the species papaver somniferum L., except the 
seeds of the plant.
(gg)
"Person" means any corporation, association, partnership, trust, other institution or 
entity or one or more individuals.
(hh)
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ii)
"Possession" or "use" means the joint or individual ownership, control, occupancy, 
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, 
injection, or consumption, as distinguished from distribution, of controlled 
substances and includes individual, joint, or group possession or use of controlled 
substances. For a person to be a possessor or user of a controlled substance, it is not 
required that the person be shown to have individually possessed, used, or controlled 
the substance, but it is sufficient if it is shown that the person jointly participated with 
one or more persons in the use, possession, or control of any substances with 
knowledge that the activity was occurring, or the controlled substance is found in a 
place or under circumstances indicating that the person had the ability and the intent 
to exercise dominion and control over 
it
the controlled substance
.
(jj)
"Practitioner" means a physician, dentist, naturopathic physician, veterinarian, 
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, 
registered, or otherwise permitted to distribute, dispense, conduct research with 
respect to, administer, or use in teaching or chemical analysis a controlled substance 
in the course of professional practice or research in this state.
(kk)
"Prescribe" means to issue a prescription:
(i)
orally or in writing; or
(ii)
by telephone, facsimile transmission, computer, or other electronic means of 
communication as defined by division rule.
(ll)
"Prescription" means an order issued:
(i)
by a licensed practitioner, in the course of that practitioner's professional practice 
or by collaborative pharmacy practice agreement; and
(ii)
for a controlled substance or other prescription drug or device for use by a patient 
or an animal.
(mm)
"Production" means the manufacture, planting, cultivation, growing, or harvesting 
of a controlled substance.
(nn)
"Securities" means any stocks, bonds, notes, or other evidences of debt or of 
property.
(oo)
"State" means the state of Utah.
(pp)
"Ultimate user" means any person who lawfully possesses a controlled substance 
for the person's own use, for the use of a member of the person's household, or for 
administration to an animal owned by the person or a member of the person's 
household.
(2)
If a term used in this chapter is not defined, the definition and terms of Title 76, Utah 
Criminal Code, shall apply.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 6:42 PM