HB 524: Non-nicotine Inhalation Product Amendments - Utah

Amended 3/3/2025 16:03:989 → Substitute #1 · 7 edits

MODERATE

This bill expands Utah's existing electronic cigarette regulations to include non-nicotine inhalation products (such as vitamin or mineral cartridges used in vaping devices). The changes require these products to be registered with the state before sale, ban the sale of unapproved products, and create new civil and criminal penalties for violations. This matters because it extends consumer protection and regulatory oversight to a growing category of vaping products that previously fell outside the law.

Scope change

The bill's scope expanded from only regulating nicotine-containing electronic cigarettes to also include non-nicotine inhalation products, bringing them under the same federal approval and state registry requirements.

DEFINITION

Added definition for 'non-nicotine inhalation product' to Section 76-10-101 and updated related definitions in Section 26B-7-501 to include these products under tobacco regulation.

Updated Section 76-10-101 to explicitly include non-nicotine inhalation products within the definition of 'electronic cigarette product' and clarified what products are excluded from the definition.

REQUIREMENT

Created a new penalty section (26B-7-523) that bans the sale of non-nicotine inhalation products not listed in the state registry and establishes civil fines ranging from $1,000 to $5,000 for violations.

Amended the electronic cigarette product registry (Section 59-14-810) to require manufacturers to certify that non-nicotine inhalation products are approved by the FDA for interstate commerce before they can be listed and sold in Utah.

ENFORCEMENT

Added criminal penalties under Section 76-10-117 making the illegal distribution of unregistered non-nicotine inhalation products a class C misdemeanor for first offenses and class B misdemeanor for subsequent offenses.

Added authority for counties and municipalities to suspend business licenses for repeat violations of the non-nicotine inhalation product sale ban.

TIMELINE

Extended the effective date of the bill to May 7, 2025, and maintained the January 1, 2025 deadline for registry inclusion of electronic cigarette products.

Amended Excerpts 3/3/2025 16:03:989 → Amended 3/3/2025 16:03:989 · 4 edits

MODERATE

The bill was reformatted from a House amendment document into a formal substitute bill with a new title page and long title section. The substantive legislative text appears to be largely unchanged, with the primary difference being the addition of a structured bill header and long title explaining the bill's purpose regarding non-nicotine inhalation products.

Scope change

The bill's scope remains focused on amending Utah Code provisions related to non-nicotine inhalation products, electronic cigarettes, and tobacco retail permits. No substantive changes to scope or applicability were identified in the provided text.

TECHNICAL

Document format changed from House Floor Amendments to formal 1st Substitute Bill format with new title page and long title section

Added bill header information including sponsor names (Jason E. Thompson and Brady Brammer) and session date

Added long title section describing bill purpose: defining terms, banning unapproved non-nicotine inhalation products, modifying electronic cigarette definitions, and creating penalties

Removed inline amendment markup symbols (Ĥ, ←Ĥ) and line number references that were present in the amendment excerpt format

Introduced → Amended Excerpts 3/3/2025 16:03:989 · 5 edits

MODERATE

This bill adds new definitions and penalties for supplement inhalation products in Utah, prohibiting their sale without FDA approval. The amendments clarify the definition of 'supplement inhalation product' to exclude products designed solely for aromatherapy and add specific exclusions for products containing nicotine or cannabinoids. The bill establishes civil fines and business license suspensions for violations, and creates a new criminal offense for illegal distribution of these products.

Scope change

The bill's scope expanded to include specific exclusions for supplement inhalation products designed solely for aromatherapy, narrowing the regulatory reach to products intended to simulate smoking.

DEFINITION

Added exclusion for supplement inhalation products designed solely for aromatherapy and not intended to simulate smoking

Added exclusion for products containing nicotine or cannabinoids from the supplement inhalation product definition

ENFORCEMENT

Established civil fines ranging from $1,000 to $5,000 for first through fourth violations of selling unapproved supplement inhalation products

Created business license suspension penalties: 30 days for second violation, 90 days for third, and one year for fourth violation

REQUIREMENT

Made it a criminal offense (class C misdemeanor for first offense, class B for subsequent) to distribute supplement inhalation products without FDA approval

Non-nicotine Inhalation Product Amendments

What changed between versions

How they voted

Actions timeline

Sponsors