7/1/2026Specialized Product RegulationEnacted by Chapter 420, 2026 General Session2026Definitions.As used in this section:"Conventional food" means:an article used for food or drink for human or animal consumption or the components of the article; orchewing gum or chewing gum components."Crime involving a nicotine containing product" means an offense described in any of the following sections:Section 76-9-1102, Illegal sale of clove cigarette;Section 76-9-1103, Permitting minors to use tobacco or electronic cigarette product in place of business;Section 76-9-1104, Providing tobacco product, electronic cigarette product, or nicotine product to a minor;Section 76-9-1105, Providing tobacco paraphernalia to a minor;Section 76-9-1107, Requirement of direct, face-to-face sale -- Restrictions on remote sales;Section 76-9-1108, Illegal presence of a minor inside a retail tobacco specialty business;Section 76-9-1112, Illegal provision of smokeless tobacco or electronic cigarette product;Section 76-9-1113, Illegal distribution of a tobacco product on school property;Section 76-9-1114, Illegal distribution of a flavored electronic cigarette product;Section 76-9-1115, Illegal distribution of electronic cigarette product without premarket authorization; orSection 76-9-1116, Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product."Crime involving a nicotine containing product" includes a conviction for an offense previously in statute in this state that is the same or substantially similar to an offense described in Subsection (2)(a)."Electronic cigarette product" means the same as that term is defined in Section 76-9-1101."General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business."License" means the license described in Section 4-45a-102."Licensee" means a specialized product retailer licensed under Section 4-45a-102."Nicotine product" means the same as that term is defined in Section 76-9-1101."Product list" means a list of specialized products sold by a licensee."Self-service display" means the same as that term is defined in Section 76-9-1107."Specialized product" means any product intended to be ingested, inhaled, absorbed, or introduced into the human body that is:a cannabinoid product, as defined in Section 4-41-102;a kratom product, as defined in Section 4-45-102;a tobacco product that is not tobacco paraphernalia;a nicotine product;an electronic cigarette substance, as defined in Section 76-9-1101;a prefilled electronic cigarette, as defined in Section 76-9-1101; ora product containing a substance:not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; andthat is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects;a non-nicotine inhalation product, as defined in Section 76-9-1101; or a non-nicotine inhalation substance, as defined in Section 76-9-1101."Specialized product" includes a product described in Subsection (10)(a) even if the product complies with the federal Dietary Supplement Health and Education Act, 21 U.S.C. Sec. 321(ff) et seq."Specialized product" does not include a conventional food product that does not contain any substance or product type described in Subsection (10)(a)."Specialized product retailer" means a person that sells a specialized product."Tobacco product" means:a tobacco product as defined in Section 76-9-1101; ortobacco paraphernalia as defined in Section 76-9-1101."Tobacco retailer" means a person that is required to obtain a State Tax Commission license for the sale of an electronic cigarette product, nicotine product, or tobacco product.Enacted by Chapter 420, 2026 General Session2026License.A specialized product retailer may not sell a specialized product in the state unless the specialized product retailer obtains a license from the department.The department shall charge the following fees to obtain a license under this chapter:$2,500 for a retail tobacco specialty business;$600 for any retailer that sells:a cannabinoid product as defined in Section 4-41-102;a kratom product as defined in Section 4-45-102; ora product containing a substance:not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; andthat is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects; and$300 for a general tobacco retailer not described in Subsection (2)(b).The term for a license under this section is one year.The department may not issue a license to a person under this section unless the person provides proof that the person has obtained the applicable license, registration, or permit, required by law for each specialized product type that the person sells which may include:a license for a retail tobacco specialty business described in Section 10-8-41.6 and Section 17-78-1004;a valid permit for a tobacco retailer issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the tobacco retailer is located; andeach appropriate license from the State Tax Commission for each product the person will sell that requires a license from the State Tax Commission.A person that operates a specialized product retailer without a current and valid license described in Subsection (1) is subject to a $50,000 civil fine.A person that operates as a retail tobacco specialty business without the current and valid licenses required by law to be a retail tobacco specialty business is subject to a $50,000 civil fine.The department shall deposit fees collected under this section into the Qualified Patient Enterprise Fund described in Section 26B-1-310.Enacted by Chapter 420, 2026 General Session2026Applicants.An applicant for a license shall provide the name and address of any individual who has:for a publicly traded company, a financial or voting interest of 10% or greater in the specialized product retailer;for a privately held company, a financial or voting interest in the specialized product retailer; orthe power to direct or cause the management or control of the specialized product retailer.The department may not issue a license to an applicant if an individual described in Subsection (1) has been convicted under state or federal law of:a felony in the preceding 10 years;a crime involving a nicotine containing product; orafter December 3, 2018, a misdemeanor or felony for drug distribution.Enacted by Chapter 420, 2026 General Session2026Registration of products.A licensee shall provide the department a product list.At least seven days before selling a specialized product not on the product list, a licensee shall notify the department and provide an updated product list that includes the additional specialized product.For any product on a product list or that is being added to a product list under Subsection (1)(b), the licensee shall provide the department with access to the ingredient list for the specialized product.The department may remove specialized products from a product list if the possession or sale of the specialized product violates state law.A licensee may not sell a specialized product that is not on the product list provided to the department.If requested by the department to provide a specialized product for inspection or testing, a licensee shall provide the requested specialized product to the department.A licensee that sells a product in violation of Subsection (2) is subject to a $1,000 fine for each product sold in violation of Subsection (2).In addition to the monetary fine described in Subsection (4)(a), a licensee is subject to the following for violations of Subsection (2):for a first violation, a public reprimand posted on the department's website;for a second violation, a 30-day license suspension;for a third violation, a 60-day license suspension;for a fourth violation, a 90-day license suspension; andfor a fifth violation, revocation of the license.Enacted by Chapter 420, 2026 General Session2026Rulemaking.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this chapter.