1     
ELECTRONIC CIGARETTE PRODUCT AND NICOTINE

2     
PRODUCT AMENDMENTS

3     
2021 FIRST SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis S. Bramble

6     
House Sponsor: Paul Ray

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions relating to the sale of electronic cigarette products and
11     nicotine products.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires the Department of Health to make certain requirements to sell manufacturer
16     sealed electronic cigarette products;
17          ▸     makes it unlawful for an employee of a tobacco retailer to sell or give a nicotine
18     product to an individual who is younger than 21 years old; and
19          ▸     amends provisions relating to the unlawful transfer or use of proof of age.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          26-57-101, as last amended by Laws of Utah 2020, Chapter 347
27          26-57-102, as last amended by Laws of Utah 2020, Chapter 347
28          26-57-103, as last amended by Laws of Utah 2020, Chapter 302
29          76-10-114, as enacted by Laws of Utah 2020, Chapter 302
30          76-10-115, as enacted by Laws of Utah 2020, Chapter 302
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-57-101 is amended to read:
34     
CHAPTER 57. ELECTRONIC CIGARETTE PRODUCT AND NICOTINE

35     
PRODUCT REGULATION ACT

36          26-57-101. Title.
37          This chapter is known as the "Electronic Cigarette Product and Nicotine Product
38     Regulation Act."
39          Section 2. Section 26-57-102 is amended to read:
40          26-57-102. Definitions.
41          As used in this chapter:
42          [(1) "Cigarette" means the same as that term is defined in Section 59-14-102.]
43          [(2)] (1) "Electronic cigarette" means the same as that term is defined in Section
44     76-10-101.
45          [(3)] (2) "Electronic cigarette product" means the same as that term is defined in
46     Section 76-10-101.
47          [(4)] (3) "Electronic cigarette substance" means the same as that term is defined in
48     Section 76-10-101.
49          [(5)] (4) "Local health department" means the same as that term is defined in Section
50     26A-1-102.
51          [(6)] (5) "Manufacture" includes:
52          (a) to cast, construct, or make electronic cigarettes; or
53          (b) to blend, make, process, or prepare an electronic cigarette substance.
54          [(7)] (6) "Manufacturer sealed electronic cigarette substance" means an electronic
55     cigarette substance that is sold in a container that:
56          (a) is prefilled by the electronic cigarette substance manufacturer; and
57          (b) the electronic cigarette manufacturer does not intend for a consumer to open.
58          (7) "Manufacturer sealed electronic cigarette product" means:
59          (a) an electronic cigarette substance or container that the electronic cigarette
60     manufacturer does not intend for a consumer to open or refill; or
61          (b) a prefilled electronic cigarette as that term is defined in Section 76-10-101.
62          (8) "Nicotine" means the same as that term is defined in Section 76-10-101.
63          (9) "Nicotine product" means the same as that term is defined in Section 76-10-101.
64          Section 3. Section 26-57-103 is amended to read:
65          26-57-103. Electronic cigarette products -- Labeling -- Requirements to sell --
66     Advertising.
67          (1) The department shall, in consultation with a local health department[, as defined in
68     Section 26A-1-102,] and with input from members of the public, establish by rule made in
69     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the [standards
70     for] requirements to sell an electronic cigarette substance that is not a manufacturer sealed
71     electronic cigarette substance regarding:
72          (a) labeling;
73          (b) nicotine content;
74          (c) packaging; and
75          (d) product quality.
76          (2) On or before January 1, 2021, the department shall, in consultation with a local
77     health department[, as defined in Section 26A-1-102,] and with input from members of the
78     public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
79     Rulemaking Act, the [standards for] requirements to sell a manufacturer sealed electronic
80     cigarette [substance] product regarding:
81          (a) labeling;
82          (b) nicotine content;
83          (c) packaging; and
84          (d) product quality.
85          (3) (a) A person may not sell an electronic cigarette substance unless the electronic
86     cigarette substance complies with the [standards] requirements established by the department
87     under Subsection (1).
88          (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
89     cigarette [substance] product unless the manufacturer sealed electronic cigarette [substance]
90     product complies with the [standards] requirements established by the department under
91     Subsection (2).
92          (4) (a) A local health department may not enact a rule or regulation regarding
93     electronic cigarette substance labeling, nicotine content, packaging, or product quality that is
94     not identical to the [standards] requirements established by the department under Subsections
95     (1) and (2).
96          (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
97     or regulation regarding electronic cigarette substance manufacturing.
98          (c) A local health department may not enact a rule or regulation regarding a
99     manufacturer sealed electronic cigarette [substance] product.
100          (5) A person may not advertise an electronic cigarette product[: (a)] as a tobacco
101     cessation device[;].
102          [(b) if the person is not licensed to sell an electronic cigarette product under Section
103     59-14-803; or]
104          [(c) during a period of time when the person's license to sell an electronic cigarette
105     product under Section 59-14-803 has been suspended or revoked.]
106          Section 4. Section 76-10-114 is amended to read:
107          76-10-114. Unlawful sale of a tobacco product, electronic cigarette product, or
108     nicotine product.
109          (1) As used in this section:
110          (a) "Compensatory service" means service or unpaid work performed by an employee,
111     in lieu of the payment of a fine or imprisonment.
112          (b) "Employee" means an employee or an owner of a tobacco retailer.
113          (2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
114     product [or], an electronic cigarette product, or a nicotine product in the course of business to
115     an individual who is under 21 years old.
116          (3) An employee who violates this section is:
117          (a) on a first violation:
118          (i) guilty of an infraction; and
119          (ii) subject to:
120          (A) a fine not exceeding $1,000; or
121          (B) compensatory service;
122          (b) on any subsequent violation:
123          (i) guilty of a class C misdemeanor; and
124          (ii) subject to:
125          (A) a fine not exceeding $2,000; or
126          (B) compensatory service.
127          Section 5. Section 76-10-115 is amended to read:
128          76-10-115. Unlawful transfer or use of proof of age.
129          (1) As used in this section:
130          (a) "Proof of age" means:
131          (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
132     Card Act;
133          (ii) a valid identification that:
134          (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
135     Part 8, Identification Card Act;
136          (B) is issued in accordance with the laws of a state other than Utah in which the
137     identification is issued;
138          (C) includes date of birth; and
139          (D) has a picture affixed;
140          (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
141     Driver License Act, or in accordance with the laws of the state in which the valid driver license
142     is issued;
143          (iv) a valid United States military identification card that:
144          (A) includes date of birth; and
145          (B) has a picture affixed; or
146          (v) a valid passport.
147          (b) "Proof of age" does not include a driving privilege card issued in accordance with
148     Section 53-3-207.
149          (2) An individual [who] is guilty of a class B misdemeanor if the individual knowingly
150     and intentionally transfers that individual's proof of age to another individual to aid that
151     individual in:
152          (a) purchasing a tobacco product [or], an electronic cigarette product, or a nicotine
153     product; or [in]
154          (b) gaining admittance to any part of the premises of a retail tobacco specialty
155     business[, is guilty of a class B misdemeanor].
156          (3) An individual [who] is guilty of a class A misdemeanor if the individual knowingly
157     and intentionally uses proof of age containing false information with the intent to:
158          (a) purchase a tobacco product [or], an electronic cigarette product, or a nicotine
159     product; or [to]
160          (b) gain admittance to any part of the premises of a retail tobacco specialty business[, is
161     guilty of a class A misdemeanor].
162          (4) Subsections (2) and (3) do not apply to an individual who uses a false identification
163     in accordance with Subsection 77-39-101(4) at the request of a peace officer.
164          Section 6. Effective date.
165          If approved by two-thirds of all the members elected to each house, this bill takes effect
166     upon approval by the governor, or the day following the constitutional time limit of Utah
167     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
168     the date of veto override.