Current through Bulletin 2024-06, March 15, 2024
(1) The retailer shall ensure that a nicotine
containing non-manufacturer sealed electronic cigarette substance or a
manufacturer sealed electronic cigarette product offered for sale to the
consumer features on the product package label the required safety warning
stating "WARNING: This product contains nicotine. Nicotine is an addictive
chemical."
(2) Consistent with
21 C.F.R.
1143.3, the safety warning statements
required in Subsection (1), the required safety warning statement must appear
directly on the package and shall be clearly visible underneath any cellophane
or other clear wrapping as follows:
(a) be
located in a conspicuous and prominent place on the two principal display
panels of the package and the warning area must comprise at least 30% of each
of the principal display panels;
(b) be printed in at least 12-point font size
and ensures that the required warning statement occupies the greatest possible
proportion of the warning area set aside for the required text;
(c) be printed in conspicuous and legible
Helvetica bold or Arial bold type, or other sans serif fonts, and in black text
on a white background or white text on a black background in a manner that
contrasts by typography, layout, or color, with other printed material on the
package;
(d) be capitalized and
punctuated as indicated in Subsection (1); and
(e) be centered in the warning area in which
the text is required to be printed and positioned such that the text of the
required warning statement and the other information on the principal display
panel have the same orientation.
(3) The retailer shall ensure that a
non-manufacturer sealed electronic cigarette substance marketed as
nicotine-free and offered for sale to the consumer features a safety warning
stating "WARNING: Keep away from children and pets."
(4) The safety warning statements required in
Subsection (3) must appear directly on the package and must be clearly visible
underneath any cellophane or other clear wrapping as follows:
(a) be located in a conspicuous and prominent
place on the two principal display panels of the package and the warning area
must comprise at least 30% of each of the principal display panels;
(b) be printed in at least 12-point font size
and ensures that the required warning statement occupies the greatest possible
proportion of the warning area set aside for the required text;
(c) be printed in conspicuous and legible
Helvetica bold or Arial bold type, or other sans serif fonts, and in black text
on a white background or white text on a black background in a manner that
contrasts by typography, layout, or color, consistent with the other printed
material on the package;
(d) be
capitalized and punctuated as indicated in Subsection (3); and
(e) be centered in the warning area in which
the text is required to be printed and positioned such that the text of the
required warning statement and the other information on the principal display
panel have the same orientation.
(5) A retailer will not be in violation of
this section for packaging that:
(a) contains
a health warning;
(b) is supplied
to the retailer by the electronic cigarette product manufacturer, importer, or
distributor, who has the required state, local, or tobacco tax license or
permit, if applicable; and
(c) is
not altered by the retailer in a way that is material to the requirements of
this section.
(6) A
non-manufacturer sealed electronic cigarette substance or a manufacturer sealed
electronic cigarette product package that would otherwise be required to bear
the safety warning in Subsection (1) or (3) but is too small or otherwise
unable to accommodate a safety warning label with sufficient space to bear such
information is exempt from compliance with the requirement provided that:
(a) the information and specifications
required in Subsections (1) and (3) appear on the carton or other outer
container or wrapper if the carton, outer container, or wrapper has sufficient
space to bear the information; or
(b) appear on a tag otherwise firmly and
permanently affixed to the non-manufacturer sealed electronic- cigarette
substance package or the manufacturer sealed electronic cigarette product
package.
(7) In the case
of Subsection (6)(a) or (b), the carton, outer container, wrapper, or tag will
serve as the location of the principal display panels.
(8) The retailer shall ensure that an
industrial hemp product that is a non-manufacturer sealed electronic cigarette
substance or an industrial hemp product that is a manufacturer sealed
electronic cigarette product is compliant with Title 4, Chapter 41, Part 1,
Industrial Hemp and Section
R68-26-5, unless:
(a) an industrial hemp product that is a
non-manufacturer sealed electronic cigarette substance marketed as containing
nicotine and offered for sale or an industrial hemp product that is a
manufacturer sealed electronic cigarette product marketed as containing
nicotine and offered for sale is in compliance with the safety warning
requirements in Subsections (1) and (2); or
(b) an industrial hemp product that is a
non-manufacturer sealed electronic cigarette substance marketed as
nicotine-free and offered for sale is exempt from the safety warning
requirements in Subsections (3) and (4) if the product is compliant with Title
4, Chapter 41, Part 1, Industrial Hemp and Section
R68-26-5.
