License to sell electronic cigarette product or nicotine product. (Superseded 7/1/2026)

# (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).

# (5)

# (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.