Utah Admin. Code R384-415-5 - Nicotine Content

(1) The retailer shall be prohibited from selling a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product to the consumer if the product is not compliant with one of the following:

(a) the nicotine concentration for an electronic cigarette product or substance that is not subject to a PMTA order from the FDA:

(i) for a non-manufacturer sealed electronic cigarette substance is limited to 360 mg nicotine per container, or does not exceed a 24mg/mL concentration of nicotine; or

(ii) for a manufacturer sealed electronic cigarette product is limited to 5% by weight per container or does not exceed a 59mg/mL concentration of nicotine;

(b) the electronic cigarette product or substance received a PMTA denial from the FDA, but FDA or a court orders or otherwise permits ongoing sales during the pendency of an appeal; or

(c) the electronic cigarette product or substance received a PMTA approval from FDA.

Notes

Utah Admin. Code R384-415-5

Adopted by Utah State Bulletin Number 2016-2, effective 12/29/2015 Amended by Utah State Bulletin Number 2016-9, effective 4/15/2016 Amended by Utah State Bulletin Number 2016-20, effective 10/15/2016 Amended by Utah State Bulletin Number 2016-24, effective 12/29/2016 Amended by Utah State Bulletin Number 2019-24, effective 12/1/2019 Amended by Utah State Bulletin Number 2021-12, effective 6/1/2021 Amended by Utah State Bulletin Number 2021-17, effective 9/9/2021 Amended by Utah State Bulletin Number 2023-18, effective 9/12/2023