Labeling of nicotine products containing nicotine. (1) The department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance that is not a manufacturer sealed electronic cigarette substance regarding: (a) labeling; (b) nicotine content; (c) packaging; and (d) product quality. (2) On or before January 1, 2021, the department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell a manufacturer sealed electronic cigarette product regarding: (a) labeling; (b) nicotine content; (c) packaging; and (d) product quality. (3) (a) A person may not sell an electronic cigarette substance unless the electronic cigarette substance complies with the requirements established by the department under Subsection (1). (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic cigarette product unless the manufacturer sealed electronic cigarette product complies with the requirements established by the department under Subsection (2). (c) Notwithstanding Subsections (3)(a) and (3)(b), beginning on January 1, 2025, a person may not sell an electronic cigarette product that is not a premarket authorized or pending electronic cigarette product as that term is defined in Section 76-9-1101. (4) (a) A local health department may not enact a rule or regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or product quality that is not identical to the requirements established by the department under Subsections (1) and (2). (b) Except as provided in Subsection (4)(c), a local health department may enact a rule or regulation regarding electronic cigarette substance manufacturing. (c) A local health department may not enact a rule or regulation regarding a manufacturer sealed electronic cigarette product. (5) A person may not advertise an electronic cigarette product as a tobacco cessation device. (6) (a) Any nicotine product shall contain the statement described in Subsection (6)(b) if the nicotine product: (i) (A) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal regulations; or (B) is not otherwise required under federal or state law to contain a nicotine warning; and (ii) contains nicotine. (b) A statement shall appear on the exterior packaging of a nicotine product described in Subsection (6)(a) as follows: "This product contains nicotine."
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