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the state of

Utah

State Legislative Info

GOVERNOR

Gary Herbert
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
Leslie Mclean
320 State Capitol
Salt Lake City, UT 84114
Phone: (801) 538-1035

THE house

Chief Clerk of the House
Sandy D. Tenney
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

9 tips for being an advocate

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with national calls to action

Utah CALLS TO ACTION

Find Your Legislators

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 19 is prohibited. (See Tobacco/Vapor 21 Laws section below.)2
  • The purchase or possession of vapor products by a person aged 19 years or younger is prohibited.(See Tobacco/Vapor 21 Laws section below.)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.
  • 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. Utah’s legal age will rise to 20 in 2020 then to 21 in 2021.10 Cedar Hills and Lehi already prohibit sales to persons under the age of 21 years old. Active duty military, their spouses and dependents are exempt.

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

State banned sale of flavored vapor products, excluding only stores licensed as specialty tobacco shop. On October 28, 2019, 3rd District Court Judge Keith Kelly said the Utah Department of Health overstepped its authority in implementing the emergency rule, rather than following an administrative rule making process.

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

9 Tips for Being an Advocate

get to know your lawmakers

and where they stand on important issues. If you can, set up a face-to-face meeting to express your concerns. Otherwise, call or send a letter or email.
01

track local legislation

through your municipal websites using keyword alerts. City officials can help you set these up.
02

share casaa calls to action

on social media and with friends and family.
03

complete our calls to action

sharing them is great, but make sure you complete our CTAs yourself and make your voice heard!
04

Attend
hearings & meetings

even if you don't feel comfortable speaking, just being physically present can make a huge impact when many people show up to show their support for those speaking.
05

register to vote

and make sure you participate in local, state, and federal elections.
06

alert casaa
to local legislation

in your area. We rely on crowdsourcing some information from our members - no one knows your community better than you!
07

spread the word

encourage everyone you know to join CASAA and participate in CTAs. Our strength is in our numbers!
08

follow us on social media

for access to the latest news, science, and information. Be sure to join your state's Facebook group as well!
09
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