January, 2016

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Utah Regulation Update

regulationsThe regulations that were part of HB415 from the 2015 session are basically designed and signed off by all members of the task force. It was a long and arduous journey to get them to this point but as of July 1, all the following regulations take effect. A full summary has been provided to our organization membership on Friday along with this “Cliff’s Notes” style document which is our version of the regulation. You can review the official regulations draft from the health department here: R384-415 Ecig Rule Amendment (DRAFT).

In short, every e-liquid bottle sold in Utah will be required to have the following at a minimum:

  1. the label is smear resistant; and
  2. the label clearly displays:
    • the nicotine content in mg/mL or percent by volume which meets requirements of Section R384-415-7;
    • the manufacturer name;
    • the batch/lot number;
    • the ingredients, as required in Section R384-415-4 and Section R384-415-9;
    • a tamper-evident warning, which meets the requirements of Section R384-415-5; and
    • a safety warning, which meets the requirements of Section R384-415-6
  3. Child-resistant cap that aligns with the Child Nicotine Poisoning Prevention Act of 2015
  4. Tamper-evident seal consisting of a break-away cap ring OR heat-shrink bands
  5. Manufacturers MUST maintain full batch data tracking all information contained in the regulations as outlined for a minimum of 2 years from the date of manufacture and be able to provide it to the retailers within 5 business days as required by the health department.

We are in the process of reviewing as many products sold through our member retailers as possible to determine which ones will need to be modified so they can be sold in the state. Each of the retailers will be contacting their individual suppliers with this information in the coming days.

The tamper-evident warning and the safety warning will be allowed as an after-market warning label of which we are in the process of designing for the retail points of sale within our organization. These after-market labels will be available at no cost to our organization members however in time, we will have them available for sale to any other retail operation that requires them.

If any other piece of the required information not be included on the manufacturers labels, the product will no longer be eligible for sale in Utah after July 1 2016.

If you are a manufacturer or a retailer and have any questions on this, please use the contact form above to reach out and a member of our team will contact you as soon as possible. Also if any national e-liquid manufacturer is willing to help with the costs associated with the after-market labels so we can continue to sell your products here, please let us know via the contact form.

[UPDATE] There have been lots of questions and confusion on the warning labels and requirements. I’ve put together this 10 minute video which I hope helps to explain things a bit more. We will also be happy to review all label redesigns whether they be from Utah or outside Utah to ensure they meet the requirements to be sold here. Please let us know if you have any questions or need assistance.

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2016 Legislative Session

Utah Capitol

The 2016 Legislative session starts on Monday January 25th. We’re expecting a volatile session fighting for the rights of our Utah vaping industry, our consumers and our future consumers. This year, we are fully expecting the following to in the forefront of our battles:

  • Vapor product taxation (bill pre-filed by Rep. Ray, not numbered)
  • H.B. 157 Age Limit for Tobacco and Related Products
  • Unknown regulations, possibly including
    • Advertising ban
    • Total online sales ban
    • Other unknown regulations
    • Manufacturing regulations
    • Retail sales regulations

Rep Ray has also partnered with a new student organization in Northern Utah called “Students Against Electronic Vaping”. While we are proud of our young residents for getting involved in issues they feel passionate about, we do feel their efforts are misguided. We shouldn’t have to remind our health departments, our legislature and our public what the real focus needs to be. Instead of fighting the vapor industry who is fighting against the tobacco industry, everyone should be focused on saving the 1,100 lives lost every year in Utah due to combustible tobacco.

Instead of using children to politicize a potential tax and deeper regulations on vapor products that are helping millions of ADULTS to remain smoke free, we believe the debate should focus on saving the lives of the Utah smokers. Continued attempts to tax and regulate vapor products in the same way as cigarettes is the wrong approach, potentially leading adults back to smoking deadly cigarettes. We all agree on the need to keep vapor products out of the hands of minors but applying tax and regulation that risks pushing 25,000 Utah ex-smokers back to smoking or preventing the over 225,000 smokers from switching, is just bad public health policy. Let’s place our focus on saving lives and enforcing the laws on the books and taking action against anyone supplying these products to underage children instead of applying a regressive tax on the consumers who need this product to remain smoke free.

You can be assured that we are prepped and ready for this session and expect our 45 day session to go quickly. We ask everyone to pay close attention to the site, our FB page, calls to actions, etc because once it starts, things are going to happen quickly and with little notice.

If you are a Utah vaping business member, care about someone who vapes or know someone who smokes that needs our help, please consider joining the organization or donating so we can continue our fight to help change lives. Visit our membership page to join or our about us page to donate today!

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2016 Election Results

electionresults

The UTSFA would like to announce that the elections for the Board of Directors has concluded. We would like to thank everyone that threw their hands up and offered to put their talents to work for the wider organization and our community:

  • Paul Evans
  • Grant Hiller
  • Dick Ty
  • Brian Fisher
  • Matt Wilkins
  • Tamara Evans
  • Braxton Katis
  • Brad Parsons

Individuals like this are the reason that Utah has such a strong vaping community and we wish we could have a seat for everyone. We do hold elections each year so there will be more opportunities to get involved and encourage everyone to keep working hard to make this the best community in the country.

 

With that said, we would like to first thank our departing leaders for their contributions to the organization and more importantly, to the industry. Without their input, hard work and leadership, the UTSFA would not be what it is today. When everyone started with the organization, we were being formed from the proverbial ashes and their passion & talent helped to form this organization into what it is today and to surround it with a supportive vaping family:

  • Paul Evans – Retail Director
  • Brian Fisher – Consumer Compliance Director
  • Deanna Fisher – Secretary
  • Jacinda Ross – Treasurer

There are not enough good words about each of these people and I know that while they will no longer be serving as an active leader in the organization, I’m certain they will remain a leader in our community and will continue to do their part to help everyone in their own way.

 

Next, we are proud to introduce you to the newly elected leaders into the organization. Each of the nominees were voted on by our current industry members and sponsors of the organization and I can tell you it was a tight race. They will be inducted into their new positions at our next Board of Directors meeting and we would like to welcome each of them to our team.

  • Grant Hiller – Retail Director
  • Matt Wilkins – Consumer Compliance Director
  • Tamara Evans – Secretary/Treasurer

The current leaders will continue in their position through the end of January while they transition any duties or important information over to the incoming leaders. Please take a moment to welcome our new leaders and thank our exiting leaders for their service over the last year. We look forward to 2016 and the years ahead with our new and existing leadership team.

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