SB 210: Nicotine Amendments - Utah

Substitute #3 → Enrolled · 7 edits · Mar 23, 2026

MODERATE

The bill establishes a mandatory registry for electronic cigarette products to ensure they are legally authorized for sale in the state. Manufacturers must certify product safety and pay fees to list products, with strict penalties for selling unregistered items. The law also clarifies penalties for employees selling tobacco products to minors and sets specific effective dates for these new regulations.

Scope change

The bill expands state regulatory authority over electronic cigarette products by creating a formal registry system that manufacturers must join to legally sell their products in the state.

REQUIREMENT

Mandatory certification and registry listing required for all electronic cigarette products sold in the state starting August 1, 2024.

Nonresident manufacturers must register as foreign entities or appoint an in-state agent to do business in the state.

TIMELINE

Sales of unregistered electronic cigarette products become illegal on January 1, 2025, with a registry launch deadline of October 1, 2024.

The overall effective date for the bill is set to January 1, 2027, with specific sections becoming active earlier on May 6, 2026.

FISCAL

New nonrefundable fees of $1,000 for initial registration and $250 annual recertification fees per product.

ENFORCEMENT

Civil penalties of $1,000 per unit plus $100 per day for selling unregistered products, along with license suspensions for repeat offenders.

Penalties for employees selling tobacco products to minors were adjusted, with first offenses treated as infractions and subsequent offenses as class C misdemeanors.

Introduced → Substitute #1 · 4 edits

MODERATE

The bill was amended to add a new section creating a separate restricted account for nicotine disposal and enforcement, while removing the detailed distribution formulas for the previous account. Additionally, the effective dates for several new sections were expanded to include additional tobacco-related statutes, and the list of affected code sections was updated to reflect the new section number.

Scope change

The bill's scope expanded to include a new dedicated funding account for nicotine enforcement and disposal, and the timeline for when new provisions take effect was broadened to cover more sections.

FISCAL

A new 'Nicotine Disposal and Enforcement Restricted Account' was created to fund the disposal of confiscated products and additional law enforcement officers.

The detailed dollar-amount distribution formulas for the previous 'Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account' were removed.

TIMELINE

The effective date for several new sections was updated to January 1, 2027, to include additional tobacco and nicotine-related statutes.

TECHNICAL

The list of Utah Code sections affected by the bill was updated to include the new section number and remove the repealed account section.

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill modifies Utah's nicotine regulations by removing authority for local health departments to conduct unannounced inspections of electronic cigarette retailers and replacing the previous penalty structure with a new administrative fine system. It establishes a dedicated state fund to finance the disposal of seized products and hire additional law enforcement officers to combat illegal sales to minors. The bill also updates licensing fees and bond requirements for tobacco and nicotine product sellers, effective January 1, 2027, with some enforcement changes taking effect May 6, 2026.

Scope change

The bill narrows the scope of local health department enforcement by eliminating their ability to perform unannounced follow-up inspections and expanding the scope of state enforcement funding to include hiring additional officers.

ENFORCEMENT

Removed provisions allowing local health departments to conduct unannounced follow-up inspections of retailers within 30 days of a violation.

Removed the provision that doubled monetary penalties if a retailer failed to provide a clear chain of custody.

FISCAL

Created a new 'Nicotine Disposal and Enforcement Restricted Account' funded by license fees and appropriations to pay for disposing of confiscated products and hiring additional law enforcement officers.

REQUIREMENT

Increased the license fee for tobacco and electronic cigarette products from $20-$30 to $250 for both initial issuance and renewal.

Adjusted bond minimums for tobacco and nicotine product sellers, raising the combined minimum to $1,500 for those holding multiple licenses.

TIMELINE

Set specific effective dates of May 6, 2026, for certain enforcement changes and January 1, 2027, for new licensing fees and the creation of the new state account.

Substitute #1 → Substitute #2 · 6 edits

MODERATE

This bill amends Utah's nicotine regulations by repealing local health department inspection powers, creating a new restricted account to fund the disposal of confiscated products and additional law enforcement, and increasing license fees. It also establishes a new registry for electronic cigarette products and tightens penalties for selling to minors.

Scope change

The bill narrows the scope of enforcement by removing local health department inspection authority and shifts the regulatory focus to the State Tax Commission and a new restricted funding account.

ENFORCEMENT

Local health departments are no longer authorized to inspect retailers, examine records, or conduct unannounced follow-up examinations for electronic cigarette compliance.

Penalties for selling unregistered electronic cigarette products include civil fines and license suspensions, while penalties for selling to minors are increased to class A or B misdemeanors.

FISCAL

A new 'Nicotine Disposal and Enforcement Restricted Account' is created within the General Fund to collect 88% of specific license fees, which must be used for disposing of confiscated products and hiring additional law enforcement officers.

REQUIREMENT

License fees for tobacco and electronic cigarette products are increased from $20-$30 to $250, and license terms are generally reduced to one year with a transition provision for existing licenses.

A new registry system is established for electronic cigarette products, requiring manufacturers to certify product authorization and pay fees to list products before they can be sold.

TIMELINE

Most new provisions take effect on January 1, 2027, while enforcement changes related to the registry take effect on May 6, 2026.

Nicotine Amendments

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