SB 61 S5: Electronic Cigarette Amendments

• Creates a registry for electronic cigarette products that can be sold in Utah:


• August 1, 2024: Application available for manufacturers


• October 1, 2024: Utah electronic cigarette registry available for retailers


• January 1, 2025: Enforcement for SB 61 begins

• Prohibits the sale of electronic cigarette products that have not received market authorization or are pending market authorization from the federal Food and Drug Administration


• Prohibits the sale of flavored electronic cigarettes (not including menthol or tobacco) in both general retailers and retail tobacco specialty businesses


• Nicotine content in electronic cigarettes does not exceed 4.0% nicotine by weight per container; or a nicotine concentration of 40 mg/mL

SB 133: Electronic Cigarette and Other Nicotine Product Amendments

• Requires the State Tax Commission to maintain and publish a list of all persons licensed to distribute an electronic cigarette or nicotine product in the state


• Requires a retailer to purchase an electronic cigarette or nicotine product from a distributor that is licensed in the state


• Requires the State Tax Commission to impose a penalty upon a retailer that purchases an electronic cigarette or nicotine product from a person other than a licensed distributor


• Requires the State Tax Commission to report suspected sales of illegal electronic cigarette or nicotine products to the local health department, the Department of Health and Human Services, and the Department of Public Safety and requires the local health department to investigate whether the sale is illegal

Please contact the Utah State Tax Commission: Cigarette & Tobacco Taxes for questions regarding their implementation of new legislation and Utah tobacco retailers.