Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 524 (2025GS)

Sponsor

Rep. Thompson, Jason E.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• bans the sale of non-nicotine inhalation products that do not have federal approval for sale;
• modifies the definition of "electronic cigarette product" to include a non-nicotine inhalation product;
• modifies the electronic cigarette product registry to include a non-nicotine inhalation product;
• creates penalties for selling non-nicotine inhalation products that do not have federal approval for sale; and
• creates criminal penalties.

Every vote on this bill

Bill text

8
26B-7-501
26B-7-523
76-10-101
76-10-117
Supplement Inhalation Product Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason E. Thompson
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill regulates supplement inhalation products.
Highlighted Provisions:
This bill:
defines terms;
bans the sale of supplement inhalation products that do not have federal approval for sale;
creates penalties for selling supplement inhalation products that do not have federal 
approval for sale; and
creates a criminal penalty.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-501
, as renumbered and amended by Laws of Utah 2023, Chapter 308
76-10-101
, as last amended by Laws of Utah 2024, Chapter 470
ENACTS:
26B-7-523
, Utah Code Annotated 1953
76-10-117
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-7-501
 is amended to read:
26B-7-501. Definitions.
As used in this part:
(1)
"Community location" means the same as that term is defined:
(a)
as it relates to a municipality, in Section 
10-8-41.6
; and
(b)
as it relates to a county, in Section 
17-50-333
.
(2)
"Electronic cigarette" means the same as that term is defined in Section 
76-10-101
.
(3)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
.
(4)
"Electronic cigarette substance" means the same as that term is defined in Section 
76-10-101
.
(5)
"Employee" means an employee of a tobacco retailer.
(6)
"Enforcing agency" means the department, or any local health department enforcing the 
provisions of this part.
(7)
"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty 
business.
(8)
"Local health department" means the same as that term is defined in Section 
26A-1-102
.
(9)
"Manufacture" includes:
(a)
to cast, construct, or make electronic cigarettes; or
(b)
to blend, make, process, or prepare an electronic cigarette substance.
(10)
"Manufacturer sealed electronic cigarette substance" means an electronic cigarette 
substance that is sold in a container that:
(a)
is prefilled by the electronic cigarette substance manufacturer; and
(b)
the electronic cigarette manufacturer does not intend for a consumer to open.
(11)
"Manufacturer sealed electronic cigarette product" means:
(a)
an electronic cigarette substance or container that the electronic cigarette 
manufacturer does not intend for a consumer to open or refill; or
(b)
a prefilled electronic cigarette as that term is defined in Section 
76-10-101
.
(12)
"Nicotine" means the same as that term is defined in Section 
76-10-101
.
(13)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(14)
"Non-tobacco shisha" means any product that:
(a)
does not contain tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(15)
"Owner" means a person holding a 20% ownership interest in the business that is 
required to obtain a permit under this part.
(16)
"Permit" means a tobacco retail permit issued under Section 
26B-7-507
.
(17)
"Place of public access" means any enclosed indoor place of business, commerce, 
banking, financial service, or other service-related activity, whether publicly or privately 
owned and whether operated for profit or not, to which persons not employed at the 
place of public access have general and regular access or which the public uses, 
including:
(a)
buildings, offices, shops, elevators, or restrooms;
(b)
means of transportation or common carrier waiting rooms;
(c)
restaurants, cafes, or cafeterias;
(d)
taverns as defined in Section 
32B-1-102
, or cabarets;
(e)
shopping malls, retail stores, grocery stores, or arcades;
(f)
libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, 
auditoriums, or arenas;
(g)
barber shops, hair salons, or laundromats;
(h)
sports or fitness facilities;
(i)
common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and 
breakfast" lodging facilities, and other similar lodging facilities, including the 
lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and 
restrooms of any of these;
(j)
(i)
any child care facility or program subject to licensure or certification under this 
title, including those operated in private homes, when any child cared for under 
that license is present; and
(ii)
any child care, other than child care as defined in Section 
26B-2-401
, that is not 
subject to licensure or certification under this title, when any child cared for by the 
provider, other than the child of the provider, is present;
(k)
public or private elementary or secondary school buildings and educational facilities 
or the property on which those facilities are located;
(l)
any building owned, rented, leased, or otherwise operated by a social, fraternal, or 
religious organization when used solely by the organization members or the 
members' guests or families;
(m)
any facility rented or leased for private functions from which the general public is 
excluded and arrangements for the function are under the control of the function 
sponsor;
(n)
any workplace that is not a place of public access or a publicly owned building or 
office but has one or more employees who are not owner-operators of the business;
(o)
any area where the proprietor or manager of the area has posted a conspicuous sign 
stating "no smoking", "thank you for not smoking", or similar statement; and
(p)
a holder of a bar establishment license, as defined in Section 
32B-1-102
.
(18)
(a)
"Proof of age" means:
(i)
a valid identification card issued under 
Title 53, Chapter 3, Part 8, Identification 
Card Act
;
(ii)
a valid identification that:
(A)
is substantially similar to an identification card issued under 
Title 53, Chapter 
3, Part 8, Identification Card Act
;
(B)
is issued in accordance with the laws of a state other than Utah in which the 
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that is issued under 
Title 53, Chapter 3, Uniform 
Driver License Act
, or in accordance with the laws of the state in which the valid 
driver license is issued;
(iv)
a valid United States military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed; or
(v)
a valid passport.
(b)
"Proof of age" does not include a valid driving privilege card issued in accordance 
with Section 
53-3-207
.
(19)
"Publicly owned building or office" means any enclosed indoor place or portion of a 
place owned, leased, or rented by any state, county, or municipal government, or by any 
agency supported by appropriation of, or by contracts or grants from, funds derived from 
the collection of federal, state, county, or municipal taxes.
(20)
"Retail tobacco specialty business" means the same as that term is defined:
(a)
as it relates to a municipality, in Section 
10-8-41.6
; and
(b)
as it relates to a county, in Section 
17-50-333
.
(21)
"Shisha" means any product that:
(a)
contains tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(22)
"Smoking" means:
(a)
the possession of any lighted or heated tobacco product in any form;
(b)
inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or 
hookah that contains:
(i)
tobacco or any plant product intended for inhalation;
(ii)
shisha or non-tobacco shisha;
(iii)
nicotine;
(iv)
a natural or synthetic tobacco substitute; or
(v)
a natural or synthetic flavored tobacco product;
(c)
using an electronic cigarette; or
(d)
using an oral smoking device intended to circumvent the prohibition of smoking in 
this part.
(23)
"Supplement inhalation product" means the same as that terms is defined in Section 
76-10-101
.
(23)
(24)
"Tax commission license" means a license issued by the State Tax Commission 
under:
(a)
Section 
59-14-201
 to sell a cigarette at retail;
(b)
Section 
59-14-301
 to sell a tobacco product at retail; or
(c)
Section 
59-14-803
 to sell an electronic cigarette product or a nicotine product.
(24)
(25)
"Tobacco product" means:
(a)
a tobacco product as defined in Section 
76-10-101
; or
(b)
tobacco paraphernalia as defined in Section 
76-10-101
.
(25)
(26)
"Tobacco retailer" means a person that is required to obtain a tax commission 
license.
Section 2, Section 
26B-7-523
 is enacted to read:
26B-7-523. Supplement inhalation product -- Penalty.
(1)
A supplement inhalation product that has not been approved for sale in interstate 
commerce by the United States Food and Drug Administration is contraband and may 
not be sold in the state.
(2)
(a)
The department or a local health department may issue a fine to a person that 
sells, offers to sell, or otherwise distributes a supplement inhalation product in 
violation of Subsection 
(1)
 and in accordance with Subsection 
(2)(b)
.
(b)
A fine described in Subsection 
(2)(a)
 shall be assessed as follows:
(i)
for a first violation, $1,000;
(ii)
for a second violation, $1,500;
(iii)
for a third violation, $2,000; and
(iv)
for a fourth violation, $5,000.
(c)
The department or a local health department shall enforce this section under the 
procedures of Title 63G, Chapter 4, Administrative Procedures Act, as an informal 
adjudicative proceeding, including:
(i)
notifying a retailer of alleged violations;
(ii)
conducting hearings;
(iii)
determining violations; and
(iv)
imposing civil administrative penalties.
(3)
(a)
A county or municipality may suspend a person's business license for violations of 
Subsection 
(1)
 and in accordance with Subsection 
(3)(b)
.
(b)
A suspension of a business license described in Subsection 
(3)(a)
 shall be imposed as 
follows:
(i)
for a second violation, a 30-day suspension;
(ii)
for a third violation, a 90-day suspension; and
(iii)
for a fourth violation, a one year suspension.
(c)
A county or municipality shall use the process a county or municipality uses to 
impose business license suspensions in other contexts to impose a violation under 
Subsection (3)(b).
(4)
At a civil hearing for enforcement under Subsection 
(2)
 or (3), evidence of the final 
criminal conviction of a person for violation of Section 
76-10-117
 is prima facie 
evidence of a violation of this section.
Section 3, Section 
76-10-101
 is amended to read:
76-10-101. Definitions.
As used in this part:
(1)
(a)
"Alternative nicotine product" means a product, other than a cigarette, a 
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine 
product, or a tobacco product, that:
(i)
contains nicotine;
(ii)
is intended for human consumption;
(iii)
is not purchased with a prescription from a licensed physician; and
(iv)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(b)
"Alternative nicotine product" includes:
(i)
pure nicotine;
(ii)
snortable nicotine;
(iii)
dissolvable salts, orbs, pellets, sticks, or strips; and
(iv)
nicotine-laced food and beverage.
(c)
"Alternative nicotine product" does not include a fruit, a vegetable, or a tea that 
contains naturally occurring nicotine.
(2)
"Cigar" means a product that contains nicotine, is intended to be burned under ordinary 
conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any 
substance containing tobacco, other than any roll of tobacco that is a cigarette.
(3)
"Cigarette" means a product that contains nicotine, is intended to be heated or burned 
under ordinary conditions of use, and consists of:
(a)
any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b)
any roll of tobacco wrapped in any substance containing tobacco which, because of 
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is 
likely to be offered to, or purchased by, consumers as a cigarette described in 
Subsection (3)(a).
(4)
(a)
"Electronic cigarette" means:
(i)
any electronic oral device:
(A)
that provides an aerosol or a vapor of nicotine or other substance; and
(B)
which simulates smoking through the use or inhalation of the device;
(ii)
a component of the device described in Subsection (4)(a)(i); or
(iii)
an accessory sold in the same package as the device described in Subsection 
(4)(a)(i).
(b)
"Electronic cigarette" includes an oral device that is:
(i)
composed of a heating element, battery, or electronic circuit; and
(ii)
marketed, manufactured, distributed, or sold as:
(A)
an e-cigarette;
(B)
an e-cigar;
(C)
an e-pipe; or
(D)
any other product name or descriptor, if the function of the product meets the 
definition of Subsection (4)(a).
(c)
"Electronic cigarette" does not 
mean 
include:
(i)
a medical cannabis device, as that term is defined in Section 
26B-4-201
.
; or
(ii)
a supplement inhalation product.
(5)
(a)
"Electronic cigarette product" means an electronic cigarette, an electronic 
cigarette substance, or a prefilled electronic cigarette.
(b)
"Electronic cigarette product" does not include a supplement inhalation product.
(6)
"Electronic cigarette substance" means any substance, including liquid containing 
nicotine, used or intended for use in an electronic cigarette.
(7)
(a)
"Flavored electronic cigarette product" means an electronic cigarette product that 
has a taste or smell that is distinguishable by an ordinary consumer either before or 
during use or consumption of the electronic cigarette product.
(b)
"Flavored electronic cigarette product" includes an electronic cigarette product that is 
labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, 
cocoa, dessert, alcoholic beverage, herb, spice, or mint.
(c)
"Flavored electronic cigarette product" does not include an electronic cigarette 
product that
has a taste or smell of only tobacco or menthol.
(8)
"Nicotine" means a poisonous, nitrogen containing chemical that is made synthetically 
or derived from tobacco or other plants.
(9)
"Nicotine product" means an alternative nicotine product or a nontherapeutic nicotine 
product.
(10)
(a)
"Nontherapeutic nicotine device" means a device that:
(i)
has a pressurized canister that is used to administer nicotine to the user through 
inhalation or intranasally;
(ii)
is not purchased with a prescription from a licensed physician; and
(iii)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(b)
"Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a 
nontherapeutic nicotine nasal spray.
(11)
"Nontherapeutic nicotine device substance" means a substance that:
(a)
contains nicotine;
(b)
is sold in a cartridge for use in a nontherapeutic nicotine device;
(c)
is not purchased with a prescription from a licensed physician; and
(d)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(12)
"Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a 
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
(13)
"Place of business" includes:
(a)
a shop;
(b)
a store;
(c)
a factory;
(d)
a public garage;
(e)
an office;
(f)
a theater;
(g)
a recreation hall;
(h)
a dance hall;
(i)
a poolroom;
(j)
a cafe;
(k)
a cafeteria;
(l)
a cabaret;
(m)
a restaurant;
(n)
a hotel;
(o)
a lodging house;
(p)
a streetcar;
(q)
a bus;
(r)
an interurban or railway passenger coach;
(s)
a waiting room; and
(t)
any other place of business.
(14)
"Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled with 
an electronic cigarette substance.
(15)
"Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device that 
is sold prefilled with a nontherapeutic nicotine device substance.
(16)
"Premarket authorized or pending electronic cigarette product" means an electronic 
cigarette product that:
(a)
(i)
has been approved by an order granting a premarket tobacco product 
application of the electronic cigarette product by the United States Food and Drug 
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
(ii)
(A)
was marketed in the United States on or before August 8, 2016;
(B)
the manufacturer submitted a premarket tobacco product application for the 
electronic cigarette product to the United States Food and Drug Administration 
under 21 U.S.C. Sec. 387j on or before September 9, 2020; and
(C)
has an application described in Subsection 
(16)(a)(ii)
 that either remains under 
review by the United States Food and Drug Administration or a final decision 
on the application has not taken effect; and
(b)
does not exceed:
(i)
4.0% nicotine by weight per container; or
(ii)
a nicotine concentration of 40 milligrams per milliliter.
(17)
"Retail tobacco specialty business" means the same as that term is defined in Section 
26B-7-501
.
(18)
"Smoking" means the possession of any lighted cigar, cigarette, pipe, or other lighted 
smoking equipment.
(19)
(a)
"Supplement inhalation product" means a product that:
(i)
uses heat, ultrasonic technology, or other means to convert a liquid, gel, or solid 
containing a vitamin, mineral, alkaloid other than nicotine, or dietary supplement 
into an aerosol or vapor; and
(ii)
is used by placing the product directly on or near an individual's mouth.
(b)
"Supplement inhalation product" includes:
(i)
a component of the product described in Subsection (19)(a); or
(ii)
an accessory sold in the same package as the product described in Subsection 
(19)(a).
(c)
"Supplement inhalation product" does not include a product:
(i)
that contains:
(A)
nicotine; or
(B)
a cannabinoid; or
(ii)
that is used for aromatherapy and is not used by placing the product directly on or 
near an individual's mouth.
(19)
(20)
(a)
"Tobacco paraphernalia" means equipment, product, or material of any 
kind that is used, intended for use, or designed for use to package, repackage, store, 
contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an 
electronic cigarette substance, or a nontherapeutic nicotine device substance into the 
human body.
(b)
"Tobacco paraphernalia" includes:
(i)
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without 
screens, permanent screens, hashish heads, or punctured metal bowls;
(ii)
water pipes;
(iii)
carburetion tubes and devices;
(iv)
smoking and carburetion masks;
(v)
roach clips, meaning objects used to hold burning material, such as a cigarette, 
that has become too small or too short to be held in the hand;
(vi)
chamber pipes;
(vii)
carburetor pipes;
(viii)
electric pipes;
(ix)
air-driven pipes;
(x)
chillums;
(xi)
bongs; and
(xii)
ice pipes or chillers.
(c)
"Tobacco paraphernalia" does not include matches or lighters.
(20)
(21)
"Tobacco product" means:
(a)
a cigar;
(b)
a cigarette; or
(c)
tobacco in any form, including:
(i)
chewing tobacco; and
(ii)
any substitute for tobacco, including flavoring or additives to tobacco.
(21)
(22)
"Tobacco retailer" means:
(a)
a general tobacco retailer, as that term is defined in Section 
26B-7-501
; or
(b)
a retail tobacco specialty business.
Section 4, Section 
76-10-117
 is enacted to read:
76-10-117. Illegal distribution of a supplement inhalation product.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-10-101
 apply to this section.
(2)
An actor commits illegal distribution of a supplement inhalation product if the actor 
gives, distributes, sells, offers for sale, or furnishes to any person a supplement 
inhalation product that has not been approved for sale in interstate commerce by the 
United States Food and Drug Administration.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense; or
(b)
a class B misdemeanor on a subsequent offense.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-19-25 8:51 AM