Utah Administrative Code
Topic - Health
Title R384 - Disease Control and Prevention, Health Promotion
Rule R384-415 - Requirements to Sell Electronic Cigarette Products
Section R384-415-5 - Nicotine Content

Universal Citation: UT Admin Code R 384-415-5

Current through Bulletin 2023-24, December 15, 2023

(1) The retailer shall be prohibited from selling a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product to the consumer if the product is not compliant with one of the following:

(a) the nicotine concentration for an electronic cigarette product or substance that is not subject to a PMTA order from the FDA:
(i) for a non-manufacturer sealed electronic cigarette substance is limited to 360 mg nicotine per container, or does not exceed a 24mg/mL concentration of nicotine; or

(ii) for a manufacturer sealed electronic cigarette product is limited to 5% by weight per container or does not exceed a 59mg/mL concentration of nicotine;

(b) the electronic cigarette product or substance received a PMTA denial from the FDA, but FDA or a court orders or otherwise permits ongoing sales during the pendency of an appeal; or

(c) the electronic cigarette product or substance received a PMTA approval from FDA.

Adopted by Utah State Bulletin Number 2016-2, effective 12/29/2015

Amended by Utah State Bulletin Number 2016-9, effective 4/15/2016

Amended by Utah State Bulletin Number 2016-20, effective 10/15/2016

Amended by Utah State Bulletin Number 2016-24, effective 12/29/2016

Amended by Utah State Bulletin Number 2019-24, effective 12/1/2019

Amended by Utah State Bulletin Number 2021-12, effective 6/1/2021

Amended by Utah State Bulletin Number 2021-17, effective 9/9/2021

Amended by Utah State Bulletin Number 2023-18, effective 9/12/2023

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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