Superseded 7/1/2026

501 words·~2 min read·/ut/title-59/chapter-14/7-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2020

Superseded 7/1/2026

59-14-803. License to sell electronic cigarette product or nicotine product.

(1)A person may not sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state without first:

(a)except as provided in Subsection

(2), obtaining a license from the commission under this section to sell an electronic cigarette product or a nicotine product; and

(b)complying with any bonding requirement described in Subsection

(5).

(2)A person that holds a valid license to sell cigarettes under Section 59-14-201 or a person that holds a valid license to sell tobacco products under Section 59-14-301 may, without obtaining a separate license in accordance with this section, sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state.

(3)The commission shall issue a license to sell an electronic cigarette product or a nicotine product to a person that submits an application, on a form created by the commission, that includes:

(a)the person's name;

(b)the address of the facility where the person will sell an electronic cigarette product or a nicotine product; and

(c)any other information the commission requires to implement this chapter.

(4)A license described in Subsection

(3)is:

(a)valid only at one fixed business address;

(b)valid for three years;

(c)valid only for a physical location; and

(d)renewable if a licensee meets the criteria for licensing described in Subsection

(3).

(a)The commission shall require a manufacturer, jobber, distributor, wholesaler, or retailer that is responsible under this part for the collection of tax on an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond.

(b)The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond required by Subsection (5)(a) in combination with any bond required by Section 59-14-201 or 59-14-301 .

(c)Subject to Subsection (5)(d) , the commission shall determine the form and amount of the bond.

(d)The minimum amount of the bond shall be:

(i)except as provided in Subsection (5)(d)(ii) or

(iii), $500;

(ii)if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by either Section 59-14-201 or 59-14-301 , $1,000; or

(iii)if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by both Sections 59-14-201 and 59-14-301 , $1,500.

(6)The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to establish the additional information described in Subsection (3)(c) that a person shall provide in the application described in Subsection

(3).

(7)It is a class B misdemeanor for a person to violate Subsection

(1).

(8)The commission may not charge a fee for a license under this section.

Amended by Chapter 347 , 2020 General Session