Section R384-415-2 - DefinitionsAs used in this rule:
(1) "Child resistant" means the same as the term "special packaging" is defined in 16 C.F.R 1700.1(a)(4) and is tested in accordance with the method described in 16 C.F.R. 1700.20.(2) "Department" means the Utah Department of Health and Human Services.(3) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.(4) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.(5) "Electronic cigarette substance" means the same as that term is defined in Section 76-10-101.(6) "Local health department" means the same as that term is defined in Subsection 26A-1-102(5).(7) "Industrial hemp product" means the same as that term is defined in Section 4-41-102.(8) "Manufacture" means the same as that term is defined in Section 26B-7-501.(9) "Manufacturer" means the same as that term is defined in Section 26B-7-501.(10) "Manufacturer sealed electronic cigarette substance" means the same as that term is defined in Section 26B-7-501.(11) "Mg/mL" means milligrams per milliliter, a ratio for measuring an ingredient, in liquid form, where accuracy is measured in milligrams per milliliter, or a percentage equivalent.(12) "Manufacturer sealed electronic cigarette product" means the same as that term is defined in Section 26B-7-501.(13) "Nicotine" means the same as that term is defined in Section 76-10-101.(14) "Non-manufacturer sealed electronic cigarette substance" means:(a) an electronic cigarette substance that is not a manufacturer sealed electronic cigarette substance; and(b) an electronic cigarette substance container the electronic cigarette manufacturer does intend for a consumer to open or refill.(15) "Package" or "packaging" means a pack, box, carton, or container of any kind, or if no other container, any wrapping, in which an electronic cigarette substance or a manufacturer sealed electronic cigarette product is offered for sale, sold, or otherwise distributed to consumers.(16) "Permit" means the same as that term is defined in Section 26B-7-501.(17) "Retailer" means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product to a consumer. This definition is without regard to the quantity of a non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product sold, offered for sale, exchanged, or offered for exchange.(18) "Transaction statement" means a statement, in paper or electronic form, in which the manufacturer transferring ownership of the product certifies that the non-manufacturer sealed electronic cigarette substance or the manufacturer sealed electronic cigarette product is in compliance with the requirements in this rule.Utah Admin. Code R384-415-2
Adopted by Utah State Bulletin Number 2016-2, effective 12/29/2015Amended by Utah State Bulletin Number 2016-9, effective 4/15/2016Amended by Utah State Bulletin Number 2016-20, effective 10/15/2016Amended by Utah State Bulletin Number 2016-24, effective 12/29/2016Amended by Utah State Bulletin Number 2019-24, effective 12/1/2019Amended by Utah State Bulletin Number 2021-12, effective 6/1/2021Amended by Utah State Bulletin Number 2021-17, effective 9/9/2021Amended by Utah State Bulletin Number 2023-18, effective 9/12/2023