Tobacco, electronic cigarette, and nicotine product sales

Utah has several laws and administrative rules that retailers need to comply with in order to sell tobacco, electronic cigarette, and nicotine products.

If a violation of any Utah tobacco code or administrative rule is found at the Utah tobacco retailer a civil penalty penalty will be issued against a tobacco retail permit:

First violation: $1,000 penalty imposed on tobacco retailer
Second violation (within 1 year of the first violation): $1,500 penalty imposed on tobacco retailer
Third violation (within 2 years of the previous 2 violations): Suspension of the tobacco permit for 30 consecutive business days, or $2,000 penalty imposed on tobacco retailer
Fourth violation (within 2 years of the previous 3 violations): $2,000 penalty imposed on tobacco retailer and revocation of the tobacco retailer permit.

Other possible civil and criminal penalties are listed in each section below.

For the definitions of tobacco products, electronic cigarette products, and nicotine products, please go to UCA 76-9-1101. Please contact the local health department for questions about whether these product definitions apply to a specific product the business is planning to sell or offer.

The percentage of Utah tobacco retailers who sold tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21 during underage sale investigations was 3.8% in fiscal year 2025 (July 1, 2024-June 30, 2025).

The rates of non-compliance for the last 3 fiscal years have been:

3.8% for fiscal year 2025 (July 1, 2024 - June 20, 2025)
4.7% for fiscal year 2024 (July 1, 2023-June 30, 2024)
7.3% for fiscal year 2023 (July 1, 2022 – June 30, 2023)

Retailers play an important role in reducing access to tobacco products, electronic cigarette products, and nicotine products to individuals younger than 21.

Retailers must check the photo identification of a customers buying tobacco products, including electronic cigarettes, if the customer is younger than 30 years old. (21 C.F.R. § 1140.14(b))

Law enforcement agencies are required to investigate the sale of tobacco products, electronic cigarette products, and nicotine products to underage individuals a minimum of two times within a 12-month period at each retailer that sells these products. Additional investigations are allowed if there is reasonable suspicion to believe the establishment has sold a tobacco product, an electronic cigarette product, or a nicotine product to an individual younger than 21 (UCA 77-39-101).

These underage sale investigations are conducted using individuals younger than 21 in coordination with the police and local health departments. The underage individual is sent into the business to purchase a tobacco product, an electronic cigarette product, or a nicotine product. Stores that sell tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21, are issued fines, and may not be allowed to sell these products in the future.

Two penalties can be given if the retailer sells tobacco products, electronic cigarette products, or nicotine products to an individual younger than 21.

A civil penalty can be given by the local health department to the tobacco permit holder of the store (UCA 26B-7-514, 26B-7-517, 26B-7-518)
A criminal penalty can be given by police to the individual retailer employee or owner who sold the product (UCA 76-9-1116)

In Utah, a business can only sell tobacco products, electronic cigarette products, or nicotine products to a customer in person, meaning a business cannot sell any of these products to a customer by telephone, mail, the internet, or through self-service displays. There are two exceptions to this law:

Tobacco retailers are allowed to sell tobacco products, electronic cigarette products, or nicotine products by telephone, mail or the internet only to buyers who have a tobacco license.
Retail tobacco specialty businesses are allowed to have self-service displays, such as vending machines.

Those who break this law can be given a criminal penalty. This law is meant to keep tobacco products, electronic cigarette products, and nicotine products away from individuals younger than 21 years of age. Within a store, it’s easier for the cashier to check for identification. This is more difficult when the sale happens over the phone or online. We encourage retailers to change their business policy to prevent the sale of tobacco products, electronic cigarette products, or nicotine products to unlicensed customers.

Effective January 1, 2027 A retailer may make a remote sale of a cigar (not including little cigars) or pipe tobacco if the retailer is in compliance of UCA 59-14-902.

Report an illegal sale here or distribution of a tobacco product, electronic cigarette product or nicotine product. Complaints can be submitted anonymously. For questions, please contact TPCP Retail and Compliance Specialist Camille Jessop at [email protected].

For more information, see UCA 76-9-1107, 59-14-509, 59-14-808.

All tobacco retailers shall provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:

the name of the tobacco product, the electronic cigarette product, or the nicotine product;
the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
the date and time of the sale;

In addition, all tobacco retailers are required to maintain an itemized transaction log for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:

the name of the tobacco product, the electronic cigarette product, or the nicotine product;
the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
the date and time of the sale.

The itemized transaction log shall be maintained by tobacco retailers for at least one year after the date of each transaction in the itemized transaction log, which must be made available to an enforcing agency or a peace officer at their request.

For more information, please see UCA 26B-7-512.

All retailers that sell electronic cigarette products need to be in compliance with Utah’s registry requirements Tax Commission: E-cigarettes. General retailers and retail tobacco specialty businesses can only sell products that are on the Electronic Cigarette Product Registry.

View the electronic cigarette registry on the Tax Commission Taxpayer Access Point website. (Look under: Tools>Electronic Cigarette Tools)

A person may not sell or offer for retail sale an electronic cigarette product in Utah that is not on the electronic cigarette registry.(UCA 59-14-810)

An electronic cigarette product that contains a cannbinoid may not be listed on the registry. (UCA 59-14-810)

In order for an electronic cigarette product to be considered for the electronic cigarette registry it must meet the following definition:

Electronic cigarette containing nicotine

The product is a premarket authorized or pending electronic cigarette product which means:
- it has been approved by an order granting a premarket tobacco product application (PMTA) of the electronic cigarette product by the U.S. FDA; or
- was marketed in the United States on or before August 8, 2016; the PMTA was submitted to the U.S. FDA on or before September 9, 2020; and the PMTA either remains under review by the U.S. FDA or a final decision on the application as not taken effect; and
- does not exceed: 4.0% nicotine by weight per container; or a nicotine concentration of 40 milligrams per milliliter

Electronic cigarette - non-nicotine inhalation product

The product is approved for sale in interstate commerce by the U.S. FDA

Electronic cigarette - non-nicotine inhalation substance

The product is premarket authorized or pending electronic cigarette product.

A person may not sell an electronic cigarette product that is not on the electronic cigarette product registry created in UCA 59-14-810. A local health department may conduct inspections on Utah tobacco retail establishments for the purpose of determining compliance with Section 59-14-810. (UCA 26A-1-131)

If any electronic cigarette product is offered for sale that is in violation of Section 59-14-810 the product will be declared to be a contraband good and shall be immediately embargoed by the local health department.

The cost of embargoing shall be borne by the retailer.
The retailer shall remove any embargoed electronic cigarette product from the retailer’s active inventory and work with the wholesaler or distributor to return or dispose of the electronic cigarette product.

A civil penalty may be issued against a tobacco retail permit:

First violation: $1,000 penalty imposed on tobacco retailer
Second violation (within 1 year of the first violation): $1,500 penalty imposed on tobacco retailer
Third violation (within 2 years of the previous 2 violations): Suspension of the tobacco permit for 30 consecutive business days, or $2,000 penalty imposed on tobacco retailer
Fourth violation (within 2 years of the previous 3 violations): $2,000 penalty imposed on tobacco retailer and revocation of the tobacco retailer permit.

A person may not sell a non-nicotine inhalation product or a non-nicotine inhalation substance unless the product is contained in the registry described in UCA 59-14-810. (UCA 26B-7-523) If a violation occurs a civil penalty penalty will be issued against a tobacco retail permit:

First violation: $1,500 penalty imposed on tobacco retailer
Second violation: $5,000 penalty imposed on tobacco retailer
Third violation: $6,000 penalty imposed on the tobacco retailer; and revoke the permit of the retailer.

Beginning January 1, 2025, a person may not sell or offer for retail sale an electronic cigarette product in Utah that is not included in the registry. (UCA 59-14-810)

A retailer who sells or offers for retail sale an electronic cigarette product in Utah that is not included in the registry shall be subject to a civil penalty of:

$1,000 for each product offered for sale; and
$100 per day until the offending product is removed from the market or until the offending product is properly listed on the registry.

The commission shall suspend the person’s license for a violation as follows:

Second violation within a 12-month period, at least 14 days;
Third violation within a 12-month period, at least 60 days; or
Fourth violation within a 12-month period, at least one year.

Utah law prohibits a person to give, distribute, sell, offer for sale, or furnish to any person a flavored electronic cigarette product. (UCA 76-9-1114)
This includes tobacco retailers that are permitted as either a:

General Tobacco Retailer; or
Retail Tobacco Specialty Business

An individual who violates this section is guilty of:

1st offense: class C misdemeanor
Subsequent offense: class B misdemeanor

For examples of what is considered a flavored electronic cigarette product*, please go to UCA 76-9-1101(7).

*As of July 1, 2024 the ‘Mint’ flavor is included in the definition of a flavored electronic cigarette product.

The Utah Department of Health and Human Services has established requirements to sell an electronic cigarette product regarding labeling, nicotine content, packaging, and product quality for non-manufacturer sealed electronic cigarette substances and manufacturer sealed electronic cigarette products. The authority for these requirements can be found in UCA 26B-7-505 and UAC R384-415.

The rule requirements for non-manufacturer sealed electronic cigarette substances (otherwise known as e-liquids), have been enforced since July 1, 2017.
The rule requirements for manufacturer sealed electronic cigarette products (otherwise known as a sealed electronic cigarette pods, cartridges, and disposables) have been enforced since September 9, 2021.

Electronic cigarette products that do not receive an affirmative marketing order from the FDA and do not comply with UAC R384-415 are illegal, and must be removed from retailer shelves and disposed of appropriately.

For more information on how to properly dispose of electronic cigarette products please visit ‘Utah Division of Waste Management & Radiation Control’

For questions, please contact the Utah Division of Waste Management & Radiation control staff:

Judy Moran at (801) 536-0255 or [email protected]
Deborah Ng at (801) 536-0218 or [email protected]

Local health departments have additional ordinances governing the sale of tobacco products, including electronic cigarettes. It is important for retailers to understand these local ordinances in addition to the state and federal rules. Reach out to the local health department where the business is located for a comprehensive list of applicable local ordinances.

Find the local health department’s contact information here.

Disclaimer

Any information submitted on this website may be shared with other government entities as permitted by law, including local health departments, for the purposes of investigation and enforcement.