Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 186 (2025GS)

Sponsor

Sen. Plumb, Jen

Final action

Senate/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions related to electronic cigarette product enforcement;
• amends provisions related to electronic cigarette product searches;
• modifies the electronic cigarette product registry;
• creates penalties for general tobacco retailers that sell flavored electronic cigarette products;
• raises permit fees for general tobacco retailers;
• raises permit fees for retail tobacco specialty businesses;
• amends criminal penalties regarding the illegal sale of tobacco and electronic cigarette products; and
• includes a coordination clause with H.B. 21, Criminal Code Recodification and Cross References, to ensure the policy changes made in this bill are accurately reflected if both bills pass.

Every vote on this bill

Bill text

7
26A-1-131
59-14-810
4
Electronic Cigarette Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
LONG TITLE
General Description:
This bill amends provisions related to electronic cigarette product searches.
Highlighted Provisions:
This bill:
amends provisions related to electronic cigarette product searches.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26A-1-131
, (Effective upon governor's approval) as enacted by Laws of Utah 2024, 
Chapter 470
59-14-810
, as enacted by Laws 
of Utah 2024, Chapter 470
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26A-1-131
 is amended to read:
26A-1-131 (Effective upon governor's approval). Electronic cigarette registry 
enforcement.
(1)
(a)
A local health department may examine the books, papers, and records of a 
retailer in this state, for the purpose of determining compliance with Section 
59-14-810
.
(b)
A local health department may make the inspections and examinations at any time 
during ordinary business hours, and may inspect the premises and all desks, safes, 
vaults, and other fixtures and furniture contained in or upon the premises for the 
purpose of ascertaining whether an electronic cigarette product is held or possessed 
in violation of Section 
59-14-810
.
(c)
Unannounced follow-up examinations of all retailers are required within 30 days 
after any violation of Section 
59-14-810
.
(d)
(1)
(a)
A local health department shall conduct regular inspections of a business that 
sells an electronic cigarette product as that term is defined in Section 
76-10-101
.
(b)
A local health department shall publish the results of all 
examinations
inspections
 at 
least annually and shall make the results available to the public on request.
(e)
(c)
Any electronic cigarette product offered for sale in violation of Section 
59-14-810
 is declared to be a contraband good and shall be immediately embargoed 
by a local health department.
(f)
(d)
An electronic cigarette product described in Subsection 
(1)(e)
(1)(c)
 may be 
embargoed without a warrant by:
(i)
a local health department; or
(ii)
a law enforcement agency of this state if directed by a local health department 
with jurisdiction over where the product is found.
(g)
(e)
The cost of embargoing shall be borne by the retailer.
(h)
(f)
In an action brought under this section, a local health department may recover 
reasonable expenses incurred in investigating and preparing the case and attorney 
fees.
(i)
(g)
A retailer shall remove any embargoed electronic cigarette product from the 
retailer's active inventory and work with the wholesaler or distributor to return or 
dispose the electronic cigarette product.
(2)
(a)
A local health department shall disclose to the attorney general any information 
received under this section which is requested by the attorney general for purposes of 
determining compliance with and enforcing the provisions of this section or Section 
59-14-810
.
(b)
A local health department and the attorney general shall share with each other 
information received under this section and Section 
59-14-810
 or corresponding laws 
of other states.
(c)
A local health department shall provide any necessary information to the State Tax 
Commission regarding violations of Section 
59-14-810
.
(3)
A monetary penalty assessed to a retailer by a local health department under this section 
shall be doubled if the retailer fails to provide documentation establishing a clear chain 
of custody back to the manufacturer.
Section 2, Section 
59-14-810
 is amended to read:
59-14-810 (Effective 07/01/24) (Effective upon governor's approval). Electronic 
cigarette product registry.
(1)
Beginning on August 1, 2024, every manufacturer of an electronic cigarette product that 
is sold in this state, whether directly or through a distributor, wholesaler, retailer, or 
similar intermediary or intermediaries, shall certify under penalty of perjury on a form 
and in the manner prescribed by the commission, that:
(a)
the manufacturer agrees to comply with this section; and
(b)
the electronic cigarette product is a premarket authorized or pending electronic 
cigarette product as defined in Section 
76-10-101
 and will not be illegal to be sold in 
the state as of January 1, 2025.
(2)
When submitting the certification a manufacturer shall submit a form that separately 
lists each electronic cigarette product that is sold in this state.
(3)
(a)
Each certification form shall include:
(i)
the name of the electronic cigarette product, nicotine content level by percentage, 
and any flavors contained in the product;
(ii)
(A)
a copy of the 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
(B)
evidence that the premarket tobacco product application for the electronic 
cigarette product or nicotine product was submitted to the United States Food 
and Drug Administration before September 9, 2020, and a final authorization 
or order has not yet taken effect;
(iii)
a nonrefundable $1,000 fee for an electronic cigarette product that is being added 
to the registry in the first instance; and
(iv)
information described in Subsection (10) if applicable.
(b)
The commission shall make the materials submitted under Subsection (3)(a) 
available to the Department of Health and Human Services for review and approval.
(c)
A manufacturer required to submit a certification form under this section shall notify 
the commission and the Department of Health and Human Services in a manner 
prescribed by the commission within 30 days of any material change making the 
certification form no longer accurate, including:
(i)
the issuance or denial of a marketing authorization or other order by the United 
States Food and Drug Administration under 21 U.S.C. Sec. 387j; or
(ii)
any other order or action by the United States Food and Drug Administration or 
any court that affects the ability of the electronic cigarette product to be 
introduced or delivered into interstate commerce for commercial distribution in 
the United States.
(d)
On or before January 31 of each year and in a manner prescribed by the commission, 
a manufacturer shall:
(i)
recertify that the information contained in the certification is correct and accurate;
(ii)
correct or amend information if necessary; and
(iii)
pay a $250 nonrefundable fee for each electronic cigarette product on the registry 
that is manufactured by the manufacturer.
(e)
A manufacturer may amend a certification, including to add additional electronic 
cigarette products to the registry, if all requirements of this section are met.
(f)
The commission shall:
(i)
provide an electronic notification to a manufacturer that has not submitted a 
recertification under Subsection (3)(d); and
(ii)
remove a manufacturer or an electronic cigarette product that is not recertified 
from the registry by March 15.
(4)
(a)
The Department of Health and Human Services shall review materials described 
in Subsection (3)(a) and notify the commission regarding whether an electronic 
cigarette product should be included in the registry.
(b)
On or before October 1, 2024, the commission shall make publicly available on the 
commission's website a registry that lists each electronic cigarette product 
manufacturer and each electronic cigarette product for which certification forms have 
been approved by the Department of Health and Human Services.
(c)
An electronic cigarette product may not be listed on the registry unless the 
Department of Health and Human Services determines the requirements of 
Subsection (3)(a) are met.
(5)
(a)
If the Department of Health and Human Services obtains information that an 
electronic cigarette product should not be listed in the registry, the Department of 
Health and Human Services shall provide the manufacturer notice and an opportunity 
to cure deficiencies before notifying the commission to remove the manufacturer or 
products from the registry.
(b)
Except as provided in Subsection (5)(c), the Department of Health and Human 
Services shall comply with Title 63G, Chapter 4, Administrative Procedures Act, 
before notifying the commission to remove an electronic cigarette product or 
manufacturer from the registry.
(c)
Subsection (5)(b) does not apply to a manufacturer failing:
(i)
to decertify an electronic cigarette product;
(ii)
to provide fees and documentation described in Subsection (3)(a) or (3)(d); or
(iii)
to comply with Subsection (10).
(6)
(a)
If a product is removed from the registry, each retailer, distributor, and wholesaler 
shall have 30 days from the day on which the product is removed from the registry to 
remove the product from any inventory and return the product to the manufacturer for 
disposal.
(b)
After the period described in Subsection (6)(a), any electronic cigarette product of a 
manufacturer identified in the notice of removal are contraband and are subject to 
penalties under Subsection (8)
 and seizure, forfeiture, and destruction under Section 
26A-1-131
.
(7)
(a)
Beginning on January 1, 2025, a person may not sell or offer for retail sale an 
electronic cigarette product in this state that is not included in the registry.
(b)
A manufacturer may not sell, either directly or through a distributor, wholesaler, 
retailer, or similar intermediary or intermediaries, an electronic cigarette product in 
this state that is not included in the registry.
(8)
(a)
A wholesaler, distributor, or retailer who sells or offers for retail sale an electronic 
cigarette product in this state that is not included in the registry shall be subject to a 
civil penalty of:
(i)
$1,000 for each product offered for sale in violation of this section; and
(ii)
$100 per day until the offending product is removed from the market or until the 
offending product is properly listed on the registry.
(b)
The commission shall suspend the person's license issued under Section 
59-14-803
for a violation of Subsection (8)(a) as follows:
(i)
for a second violation within a 12-month period, at least 14 days;
(ii)
for a third violation within a 12-month period, at least 60 days; or
(iii)
for a fourth violation within a 12-month period, at least one year.
(c)
A manufacturer whose electronic cigarette products are not listed in the registry and 
are sold in this state, whether directly or through a distributor, wholesaler, retailer, or 
similar intermediary or intermediaries, is subject to a civil penalty of:
(i)
$1,000 for each product offered for retail sale in violation of this section; and
(ii)
$100 per day until the offending product is removed from the market or until the 
offending product is properly listed on the registry.
(d)
A manufacturer that falsely represents any information required by a certification 
form described in this section shall be guilty of a class C misdemeanor for each false 
representation.
(e)
A repeated violation of this section shall constitute a deceptive act or practice as 
provided in Sections 
13-11-4
 and 
13-11a-3
 and shall be subject to any remedies or 
penalties available for a violation of those sections.
(9)
(a)
To assist in ensuring compliance and enforcement of this section and Section 
26A-1-131
, the commission shall disclose to the following entities, upon request, any 
information obtained under this section:
(i)
the Department of Health and Human Services;
(ii)
a local health department; or
(iii)
the attorney general.
(b)
The commission and attorney general shall share with each other information 
received under this section, or corresponding laws of other states.
(10)
(a)
(i)
The commission may not list a nonresident manufacturer of an electronic 
cigarette product in the registry unless:
(A)
(i)
the nonresident manufacturer has registered to do business in the state as a 
foreign corporation or business entity; or
(B)
(ii)
the nonresident manufacturer appoints and maintains without interruption 
the services of an agent in this state to receive any service of process on behalf of 
the manufacturer.
(b)
The nonresident manufacturer shall provide the name, address, and telephone 
number of the agent to the commission.
(c)
(i)
A nonresident manufacturer shall provide notice to the commission 30 days 
before the termination of the authority of an agent and shall further provide proof 
to the satisfaction of the commission of the appointment of a new agent no less 
than five calendar days prior to the termination of an existing agent appointment.
(ii)
In the event an agent terminates an agency appointment, the manufacturer shall 
notify the commission of the termination within five calendar days and shall 
include proof to the satisfaction of the commission of the appointment of a new 
agent.
(11)
Before May 31 of each year, the commission and the Department of Health and 
Human Services shall provide a report to the Revenue and Taxation Interim Committee 
and the Health and Human Services Interim Committee regarding:
(a)
the status of the registry;
(b)
manufacturers and products included in the registry;
(c)
revenue and expenditures related to administration of this section; and
(d)
enforcement activities undertaken under this section and Section 
26A-1-131
.
(12)
All fees and penalties collected under this section shall be used for administration and 
enforcement of this section and Section 
26A-1-131
.
(13)
The commission, in consultation with the Department of Health and Human Services, 
may make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement this section.
Section 3. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
1-28-25 11:38 AM