Section R384-415-4 - Prohibited Sales(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.Utah Admin. Code R384-415-4
Amended by Utah State Bulletin Number 2016-9, effective 4/15/2016Amended by Utah State Bulletin Number 2016-20, effective 10/15/2016Amended by Utah State Bulletin Number 2016-24, effective 12/29/2016Amended by Utah State Bulletin Number 2019-24, effective 12/1/2019Amended by Utah State Bulletin Number 2021-12, effective 6/1/2021Amended by Utah State Bulletin Number 2021-17, effective 9/9/2021Amended by Utah State Bulletin Number 2023-18, effective 9/12/2023