Utah Administrative Code
Topic - Health
Title R384 - Population Health, Health Promotion and Prevention
Rule R384-415 - Requirements to Sell Electronic Cigarette Products
Section R384-415-4 - Prohibited Sales

Universal Citation: UT Admin Code R 384-415-4

Current through Bulletin 2024-06, March 15, 2024

(1) The retailer shall be prohibited from selling a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product that is labeled as containing:

(a) additives that create the impression that a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product has a health benefit;

(b) additives that are associated with energy and vitality;

(c) illegal or controlled substances as identified in Section 58-37-3; and

(d) additives having coloring properties for emissions.

(2) The retailer shall be prohibited from selling 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 unless it is compliant with Title 4, Chapter 41, Part 1, Industrial Hemp; Section R68-26-5; and Section R68-33-5.

(3) The retailer shall be prohibited from selling an electronic cigarette substance or an electronic cigarette product that has received a Premarket Tobacco Product Application (PMTA) denial from the U.S. Food and Drug Administration (FDA), if:

(a) no appeal of the PMTA denial was filed; or

(b) all appeals have been exhausted and the PMTA denial was affirmed.

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