Utah Regulation Update
The 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:
- the label is smear resistant; and
- 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
- Child-resistant cap that aligns with the Child Nicotine Poisoning Prevention Act of 2015
- Tamper-evident seal consisting of a break-away cap ring OR heat-shrink bands
- 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.