SB 210 — Nicotine Amendments

(8)(8)(a) (a) In addition to any civil or criminal penalty provided by law, the commission shall, after providing notice and a hearing, revoke the license of any person:

(10)(10)(a) - 7 - SB0210 compared with SB0210S03 (a) The commission shall maintain a list that includes the identity of all people licensed under this section.

59-14-203.- 6 - Enrolled Copy S.B.

{(Effective210 05/06/26)}(Effective59-14-203 01/01/27)Failure(Effective to01/01/27). obtain a license -- Penalty.

Failure to obtain a license -- Penalty.

59-14-301.59-14-301 (Effective 01/01/27).

(2)(2)(a) (a) Subject to Subsection (2)(b), the commission shall charge $250 for issuing or renewing a license under this section.

(c) The commission shall deposit 88% of any fee received under this section to the fund described in Section {59-14-807} 53-1-123.

-(3)(a) 8 - SB0210 compared with SB0210S03 (3) (a) The commission shall require any manufacturer, wholesaler, retailer, or any other person subject to this section, and who is responsible for the collection of tax on tobacco products under this chapter, to post a bond as a prerequisite to registering.

59-14-803.- 7 - S.B.

210 Enrolled Copy 59-14-803 (Effective 01/01/27).

(2)(2)(a) (a) A person that holds a valid license to sell cigarettes under Section 59-14-201 or a person that holds a valid license to sell tobacco products under Section 59-14-301 may, without obtaining a separate license in accordance with this section, sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state.

(c) The commission shall deposit 88% of any fee received under this section to the fund described in Section {59-14-807} 53-1-123.

(4)(4)(a) (a) A license described in Subsection (3) is:

- 9 - SB0210 compared with SB0210S03 [(a)] (i) valid only at one fixed business address;

(5)(5)(a) (a) The commission shall require a manufacturer, jobber, distributor, wholesaler, or retailer that is responsible under this part for the collection of tax on an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic- nicotine8 device- substance,Enrolled orCopy aS.B. prefilled nontherapeutic nicotine device to post a bond.

210 nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond.

[(8) The commission may not charge a fee for a license under this section.] {SectionSection 7.8.

Section 59-14-807 is amended to read:

} - 10 - SB0210 compared with SB0210S03 59-14-807.

Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account.

(1) There is created within the General Fund a restricted account known as the "Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account." (2) The Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account consists of:

(a) revenue allocated and collected from the license fee imposed under Sections 59-14-201, 59-14-301, and 59-14-803;

(b) revenue collected from the tax imposed by Section 59-14-804;

[(b)] (c) fees and penalties collected under Section 59-14-810;

[(c)] (d) all money received by the attorney general or the Department of Commerce as a result of any judgment, settlement, or compromise of claims pertaining to alleged violations of law related to the manufacture, marketing, distribution, or sale of electronic cigarette products, as defined in Section 76-9-1101:

(i) if the total amount of the judgment, settlement, or compromise received by the state exceeds $1,000,000;

and (ii) after reimbursement to the attorney general and the Department of Commerce for expenses related to the matters described in this Subsection [(2)(c)] (2)(d);

and [(d)] (e) amounts appropriated by the Legislature.

(3) (a) [Subject to Subsections (3)(b) and (c), for] For each fiscal year and subject to appropriation by the Legislature, the Division of Finance shall distribute from the [Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account] revenue deposited under Subsections (2)(b) and (2) (d):

(i) $2,000,000 to the Department of Health and Human Services for enforcement services aimed at disrupting organizations and networks that provide tobacco products, electronic cigarette products, nicotine products, or other illegal controlled substances to minors, which the Department of Health and Human Services shall allocate to the local health departments using the formula created in accordance with Section 26A-1-116;

(ii) $1,180,000 to the Department of Public Safety for law enforcement officers aimed at disrupting organizations and networks that provide tobacco products, electronic cigarette products, nicotine products, and other illegal controlled substances to minors;

- 11 - SB0210 compared with SB0210S03 (iii) $1,000,000 to the Department of Health and Human Services for enforcement services aimed at disrupting organizations and networks that provide tobacco products, electronic cigarette products, nicotine products, and other illegal controlled substances to minors;

(iv) $3,000,000 to the Department of Health and Human Services for community partner prevention programs, which the Department of Health and Human Services shall allocate to the local health departments using the formula created in accordance with Section 26A-1-116;

(v) $1,000,000 to the Department of Health and Human Services for statewide cessation programs and prevention education;

(vi) $2,000,000 to the Department of Health and Human Services for alcohol, tobacco, and other drug prevention, reduction, cessation, and control programs that promote unified messages and make use of media outlets, including radio, newspaper, billboards, and television;

and (vii) $5,084,200 to the State Board of Education for school-based prevention programs.

(b) If the amount in the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account is insufficient to cover the distributions described in Subsection (3)(a), the Division of Finance shall make the distributions under Subsection (3)(a):

(i) sequentially in the order of priority the distributions are listed under Subsection (3)(a);

(ii) in full or, if insufficient funds are available to satisfy the next distribution in the sequence, in part;

and (iii) until the available funds in the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account are exhausted.

(c) For each fiscal year and subject to appropriation by the Legislature, the Division of Finance shall distribute from the funds deposited under [Section 59-14-810] Subsection (2)(c) into the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account:

(i) to the commission, in an amount equal to the amount necessary to create and maintain the registry described in Section 59-14-810;

(ii) to the Department of Health and Human Services, in an amount necessary for completing duties described in Section 59-14-810;

and (iii) to the Department of Health and Human Services, the remainder to be divided among the local health departments for inspection and enforcement described in Sections 26A-1-131 and 59-14-810.

- 12 - SB0210 compared with SB0210S03 (d) For each fiscal year and subject to appropriation by the Legislature, the Division of Finance shall distribute from the funds deposited under Subsection (2)(a) into the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account to the Department of Public Safety for:

(i) the disposal of confiscated electronic cigarette products;

and (ii) additional law enforcement officers to disrupt organizations and networks that provide tobacco products, electronic cigarette products, nicotine products, and other illegal controlled substances to minors.

(4) (a) The local health departments shall use the money received in accordance with Subsection (3)(a) for enforcing:

(i) the regulation provisions described in Section 26B-7-505;

(ii) the labeling requirement described in Section 26B-7-505;

and (iii) the penalty provisions described in Section 26B-7-518.

(b) The Department of Health and Human Services shall use the money received in accordance with Subsection (3)(a)(v) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program created in Section 26B-1-428.

(c) The local health departments shall use the money received in accordance with Subsection (3)(a)(iv) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant Program created in Section 26A-1-129.

(d) The State Board of Education shall use the money received in accordance with Subsection (3)(a) (vii) to distribute to local education agencies to pay for:

(i) (A) stipends for positive behaviors specialists as described in Subsection 53G-10-407(4)(a)(i);

(B) the cost of administering the positive behaviors plan as described in Subsection 53G-10-407(4)(a) (ii);

and (C) the cost of implementing an Underage Drinking and Substance Abuse Prevention Program in grade or 5, as described in Subsection 53G-10-406(3)(b);

or (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.

(5) (a) The fund shall earn interest.

(b) All interest earned on fund money shall be deposited into the fund.

- 13 - SB0210 compared with SB0210S03 (6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account after the distribution described in Subsection (3) may only be used for:

(a) funding commission personnel to enforce compliance with the tax collection requirements of this part;

and (b) programs and activities related to the prevention and cessation of electronic cigarette, nicotine products, marijuana, and other drug use.

Section 8.

59-14-810.59-14-810 (Effective 05/06/26).

(2) When submitting the certification a manufacturer shall submit a form that separately lists- each9 electronic- cigaretteS.B. product that is sold in this state.

(3)210 (a)Enrolled EachCopy certificationlists formeach shallelectronic include:cigarette product that is sold in this state.

(3)(a) Each certification form shall include:

(ii)(ii)(A) (A) a copy of the order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under 21 U.S.C.

and - 14 - SB0210 compared with SB0210S03 (iv) information described in Subsection (10) if applicable.

(f)- The10 commission- shall:Enrolled Copy S.B.

210 (f) The commission shall:

(4)(4)(a) (a) The Department of Health and Human Services shall review materials described in Subsection (3)(a) and notify the commission regarding whether an electronic cigarette product should be included in the registry.

(b) On or before October 1, 2024, the commission shall make publicly available on the commission's website a registry that lists each electronic cigarette product manufacturer and each electronic - 15 - SB0210 compared with SB0210S03 cigarette product for which certification forms have been approved by the Department of Health and Human Services.

(5)(5)(a) (a) If the Department of Health and Human Services obtains information that an electronic cigarette product should not be listed in the registry, the Department of Health and Human Services shall provide the manufacturer notice and an opportunity to cure deficiencies before notifying the commission to remove the manufacturer or products from the registry.

(6)(6)(a) (a) If a product is removed from the registry, each retailer, distributor, and wholesaler shall have 30 days from the day on which the product is removed from the registry to remove the product from any inventory and return the product to the manufacturer for disposal.

(b) After the period described in Subsection (6)(a), any electronic cigarette product of a manufacturer identified in the notice of removal are contraband and are subject to penalties- under11 Subsection- (8)[S.B. and seizure, forfeiture, and destruction under Section 26A-1-131].

(7)210 (a)Enrolled BeginningCopy onpenalties Januaryunder 1,Subsection 2025,(8)[ aand personseizure, mayforfeiture, notand selldestruction orunder offerSection for26A-1-131]. retail sale an electronic cigarette product in this state that is not included in the registry.

(7)(a) Beginning on January 1, 2025, a person may not sell or offer for retail sale an electronic cigarette product in this state that is not included in the registry.

(8)(8)(a) - 16 - SB0210 compared with SB0210S03 (a) A wholesaler, distributor, or retailer who sells or offers for retail sale an electronic cigarette product in this state that is not included in the registry shall be subject to a civil penalty assessed by the tax commission of:

(9)(9)(a) (a) To assist in ensuring compliance and enforcement of this section and Section 26A-1-131, the commission shall disclose to the following entities, upon request, any information- obtained12 under- thisEnrolled section:Copy S.B.

210 information obtained under this section:

-(10)(a)[(i)] 17 - SB0210 compared with SB0210S03 (10) (a) [(i)] The commission may not list a nonresident manufacturer of an electronic cigarette product in the registry unless:

(c)(c)(i) (i) A nonresident manufacturer shall provide notice to the commission 30 days before the termination of the authority of an agent and shall further provide proof to the satisfaction of the commission of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment.

(13) The commission, in consultation with the Department of Health and Human Services, may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking- Act,13 to- implementS.B. this section.

{Section210 9.Enrolled Copy Rulemaking Act, to implement this section.

Section 76-9-1103 is amended to read:

} - 18 - SB0210 compared with SB0210S03 76-9-1103.

Permitting a minor to use a tobacco product, electronic cigarette product, or nicotine product in a place of business.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits permitting a minor to use a tobacco product, electronic cigarette product, or nicotine product in a place of business if the actor:

(a) is a proprietor of a place of business;

and (b) knowingly permits an individual under 21 years old to frequent the actor's place of business while the individual is using a tobacco product, an electronic cigarette product, or a nicotine product.

(3) A violation of Subsection (2) is a class [C] B misdemeanor.

{Section 10.

Section 76-9-1104 is amended to read:

} 76-9-1104.

Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor.

(1) (a) As used in this section, "provides":

(i) includes selling, giving, furnishing, sending, or causing to be sent;

and (ii) does not include the acts:

(A) of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others;

or (B) of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.

(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits providing a cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on [the second offense;

or] a subsequent offense.

[(c) a class A misdemeanor on the third or subsequent offense.] (4) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-9-1116.

- 19 - SB0210 compared with SB0210S03 {Section 11.

Section 76-9-1105 is amended to read:

} 76-9-1105.

Providing tobacco paraphernalia to a minor.

(1) (a) As used in this section, "provides" means the same as that term is defined in Section 76-9-1104.

(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits providing tobacco paraphernalia to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under 21 years old.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on a subsequent offense.

{Section 12.

Section 76-9-1107 is amended to read:

} 76-9-1107.

Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

(1) (a) As used in this section:

(i) (A) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.

(B) "Face-to-face exchange" does not include a sale through a vending machine or a self-service display.

(ii) "Retailer" means a person who:

(A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption;

or (B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.

(iii) "Self-service display" means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer's employee.

(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

- 20 - SB0210 compared with SB0210S03 (2) Except as provided in Subsection (4), an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor:

(a) is a retailer;

and (b) sells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on [the second offense;

or] a subsequent offense.

[(c) a class A misdemeanor on the third or subsequent offense.] (4) The face-to-face sale requirement in Subsection (2) does not apply to:

(a) a mail-order, telephone, or [Internet] internet sale made in compliance with Section 59-14-509;

(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:

(i) that is distinct and separate from the rest of the facility;

and (ii) where the retailer only allows an individual who is under 21 years old to be present if the individual:

(A) is accompanied by the actor's parent or legal guardian;

or (B) (I) is present solely for the purpose of providing a service to the business, including making a delivery;

(II) is monitored by the proprietor business or an employee of the business;

and (III) is not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection [(4)(b)(ii)(B)(II)] (4)(b)(ii)(B)(I);

or (c) a sale at a retail tobacco specialty business.

(5) (a) An individual's parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.

(b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

{Section 13.

Section 76-9-1112 is amended to read:

} 76-9-1112.

Illegal provision of smokeless tobacco or electronic cigarette product -- Exceptions.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

- 21 - SB0210 compared with SB0210S03 (2) Except as provided in Subsection (4), an actor commits illegal provision of smokeless tobacco or electronic cigarette product if the actor:

(a) is a manufacturer, wholesaler, and retailer[ ];

and (b) (i) gives or distributes without charge smokeless tobacco, chewing tobacco, or an electronic cigarette product in this state;

(ii) sells, offers for sale, or furnishes an electronic cigarette product at less than the cost, including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or retailer;

or (iii) gives, distributes, sells, offers for sale, or furnishes an electronic cigarette product for free or at a lower price because the recipient of the electronic cigarette product makes another purchase.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on a subsequent offense.

(4) (a) The price that a manufacturer, wholesaler, or retailer may charge under Subsection (2)(b)(ii) does not include a discount for:

(i) a physical manufacturer coupon:

(A) that is surrendered to the wholesaler or retailer at the time of sale;

and (B) for which the manufacturer will reimburse the wholesaler or the retailer for the full amount of the discount described in the manufacturer coupon and provided to the purchaser;

(ii) a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the rebate provided to the purchaser;

or (iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the promotional fund provided to the purchaser.

(b) Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be distributed to adults without charge at professional conventions where the general public is excluded.

(5) The Legislature finds that:

(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers;

(b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;

- 22 - SB0210 compared with SB0210S03 (c) the use of electronic cigarette products may lead to unhealthy behavior such as the use of tobacco products;

and (d) it is necessary to restrict the gift of the products described in this section in the interest of the health of the citizens of this state.

{Section 14.

Section 76-9-1113 is amended to read:

} 76-9-1113.

Illegal distribution of a tobacco product -- Exceptions.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits illegal distribution of a tobacco product if the actor:

(a) is a manufacturer, wholesaler, or retailer;

and (b) [ ]gives or distributes a tobacco product in this state without charge.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on a subsequent offense.

(4) (a) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.

(b) The prohibition described in Subsection (2) does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual's purchase of a tobacco product.

{Section 15.

Section 76-9-1114 is amended to read:

} 76-9-1114.

Illegal distribution of a flavored electronic cigarette product.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits illegal distribution of a flavored electronic cigarette product if the actor gives, distributes, sells, offers for sale, or furnishes to any person a flavored electronic cigarette product.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on a subsequent offense.

{Section 16.

Section 76-9-1115 is amended to read:

} 76-9-1115.

Illegal distribution of an electronic cigarette product without federal authorization.

- 23 - SB0210 compared with SB0210S03 (1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits illegal distribution of an electronic cigarette product without federal authorization if the actor gives, distributes, sells, offers for sale, or furnishes to any person an electronic cigarette product that is not a premarket authorized or pending electronic cigarette product.

(3) A violation of Subsection (2) is:

(a) a class [C] B misdemeanor on the first offense;

or (b) a class [B] A misdemeanor on a subsequent offense.

76-9-1116.76-9-1116 (Effective 05/06/26).

(1)(1)(a) (a) As used in this section:

or] [(b) on a subsequent violation:] [(i){][(i) {(a)} } a class {[}C C{] A} misdemeanor;

and] [(ii){][(ii) {(b)} } subject to{[}to:] :] [(A) { - 24 - SB0210 compared with SB0210S03 {[(A)]} a fine not exceeding {[} $2,000;

or] [(B) {$4,000.compensatory service.] Section 10.

{[(B)} compensatory service.] Section 10.

Effective date.

(1) Except as provided in Subsection (2), this bill takes effect {May 6, 2026} January 1, 2027.

(2) The actions affecting the following sections take effect on {January 1, 2027} May 6, 2026:

(a) Section {59-14-201} 26A-1-131 (Effective {01/01/27)} 05/06/26);

{(b)(b) {Section 59-14-301 (Effective 01/01/27);} } (c){(b)} Section {59-14-803} 59-14-810 (Effective {01/01/27)} 05/06/26);

and (d){(c)}(c) Section {59-14-807} 76-9-1116 (Effective {01/01/27) (Partially Repealed 07/01/30)} 05/06/26).

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