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the state of

Utah

State Legislative Info

GOVERNOR

Spencer Cox
Utah State Capitol Complex
350 North State Street, Suite 200
PO Box 142220
Salt Lake City, UT 84114
Phone: (801) 538-1000

THE SENATE

Secretary of the Senate
Phalin Flowers
320 State Capitol
Salt Lake City, UT 84114
Phone: (801) 538-1035

THE house

Chief Clerk of the House
Megan Selin Allen 350 North State, Suite 350
P.O. Box 145030
Salt Lake City, UT 84114
Phone: (801) 538-1029
Fax: (801) 326-1544

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current laws & taxes

regulating smokeless tobacco & vapor products

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Utah CALLS TO ACTION

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Utah LAWS & TAXES

laws

  • Sales of unsealed vapor substances (e.g., refillable or open systems) must comply with state labeling, packaging, and nicotine content restrictions including: required safety warning, prohibition on labels reflecting certain additives, maximum nicotine levels,  and child-resistant packaging.1
  • The selling or distributing vapor products to persons under age 21 is prohibited. 2
  • The purchase or possession of vapor products by a person aged 21 years or younger is prohibited.3
  • Tobacco and vapor product sales must be made “face-to-face” (no internet, mail or phone purchase permitted.)4
  • Persons under the age of 19 are not permitted in tobacco or vape shops for the purpose of purchasing tobacco or vapor products, unless over the age of 18 and an active duty member of the U.S. Armed Forces.(See Tobacco/Vapor 21 Laws section below.)4
  • Vaping is prohibited in all indoor places exempting only (1) designated hotel/motel smoking rooms, (2) areas of owner-operated businesses with no employees besides the owner, and (3) American Indian religious and cultural ceremonies.
  • Vaping or smoking is prohibited in a motor vehicle if a child who is 15 years of age or younger is a passenger. A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45.13
  • Vape shops are required to be licensed.5
  • Care providers are required make vapor products and e-liquids inaccessible to children in care at child care centers, hourly child care centers, licensed family child care centers, residential child care centers and out of school time child care programs.6
  • The distribution of vapor products is prohibited in a correctional facility.7
  • School boards must adopt rules prohibiting use and possession of electronic cigarettes on school property and at sponsored activities.8
  • Utah’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.

Tobacco/Vapor Sales Bans: All sales required to be face-to-face, effectively banning online sales.11

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Currently, only tobacco retailers permitted as a retail tobacco specialty business in Utah are allowed to sell flavored e-cigarette products.13  However, beginning January 1, 2024, sales of e-cigarette products in flavors other than “tobacco” and menthol will be prohibited.15 

Additionally, tobacco specialty business are restricted to locations 1,000 ft from community locations, including schools, churches, playgrounds and youth centers; 600 ft from other tobacco specialty shops;  and (with some exemptions) 600 ft from property used or zoned for agriculture or residential use.5

PMTA Registry Law: In effect beginning January 1, 2025, vapor product manufacturers whose products are sold in the state are required to submit a certification that the manufacturer has submitted a premarket tobacco product application and the products remains under review by the FDA, no marketing order has been issued, or the manufacturer has received a marketing order. Manufacturers must pay fees to be on a state directory of products as described above. No products may be offered for sale in the State unless the product is listed on the directory and the product meets all other requirements pursuant to law. A list of state-approved products (a PMTA registry) is expected to be created by October 1, 2024. This page will be updated when a link to the registry is available.15

taxes

  • Anyone importing e-cigarette substances or prefilled electronic cigarettes must pay tax on those products upon first receipt in Utah. The tax rate is 56 percent of the manufacturer’s sales price and must be paid electronically.
  • Smoke-free tobacco products are subject to a state excise tax of 86% of the manufacturer’s price.9
  1. Utah Administrative Code Rule R384-415
  2. Utah Legislature – 76-10-104. Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor — Penalties
  3. Utah Legislature – 76-10-105. Buying or possessing a tobacco product or an electronic cigarette product by a minor — Penalty — Compliance officer authority — Juvenile court jurisdiction
  4. Utah Legislature – 76-10-105.1. Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product — Minors not allowed in tobacco specialty shop — Penalties
  5. Utah Legislature – 17-50-333. Regulation of retail tobacco specialty business
  6. Utah Admin. Code 381-100-13
  7. Utah Legislature – 76-8-311.3. Items prohibited in correctional and mental health facilities — Penalties
  8. Utah Legislature – Proposed 2018 General Session legislation affecting section 53A-11-908: SB 11
  9. Sales Tax Handbook
  10. ABC – Utah to raise legal smoking age to 21
  11. Utah Legislature – 76-10-105.1. Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product — Minors not allowed in tobacco specialty shop — Penalties
  12. Utah State Tax Commission – Cigarette & Tobacco Taxes
  13. 41-6a-1717.  Smoking in a vehicle prohibited when child is present
  14. 76-10-113.  Prohibition on distribution of flavored electronic cigarette products.
  15. 76-10-113. Prohibition on distribution of flavored electronic cigarette products
    822– Prohibition of electronic cigarette products without federal authorization

Updated April 2024

9 Tips for Being an Advocate

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