Section R384-415-3 - Labeling(1) The retailer shall ensure that a nicotine containing non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product offered for sale to the consumer features on the product package label the required safety warning stating "WARNING: This product contains nicotine. Nicotine is an addictive chemical."(2) Consistent with 21 C.F.R. 1143.3, the safety warning statements required in Subsection (1), the required safety warning statement must appear directly on the package and shall be clearly visible underneath any cellophane or other clear wrapping as follows:(a) be located in a conspicuous and prominent place on the two principal display panels of the package and the warning area must comprise at least 30% of each of the principal display panels;(b) be printed in at least 12-point font size and ensures that the required warning statement occupies the greatest possible proportion of the warning area set aside for the required text;(c) be printed in conspicuous and legible Helvetica bold or Arial bold type, or other sans serif fonts, and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with other printed material on the package;(d) be capitalized and punctuated as indicated in Subsection (1); and(e) be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other information on the principal display panel have the same orientation.(3) The retailer shall ensure that a non-manufacturer sealed electronic cigarette substance marketed as nicotine-free and offered for sale to the consumer features a safety warning stating "WARNING: Keep away from children and pets."(4) The safety warning statements required in Subsection (3) must appear directly on the package and must be clearly visible underneath any cellophane or other clear wrapping as follows: (a) be located in a conspicuous and prominent place on the two principal display panels of the package and the warning area must comprise at least 30% of each of the principal display panels;(b) be printed in at least 12-point font size and ensures that the required warning statement occupies the greatest possible proportion of the warning area set aside for the required text;(c) be printed in conspicuous and legible Helvetica bold or Arial bold type, or other sans serif fonts, and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, consistent with the other printed material on the package;(d) be capitalized and punctuated as indicated in Subsection (3); and(e) be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other information on the principal display panel have the same orientation.(5) A retailer will not be in violation of this section for packaging that:(a) contains a health warning;(b) is supplied to the retailer by the electronic cigarette product manufacturer, importer, or distributor, who has the required state, local, or tobacco tax license or permit, if applicable; and(c) is not altered by the retailer in a way that is material to the requirements of this section.(6) A non-manufacturer sealed electronic cigarette substance or a manufacturer sealed electronic cigarette product package that would otherwise be required to bear the safety warning in Subsection (1) or (3) but is too small or otherwise unable to accommodate a safety warning label with sufficient space to bear such information is exempt from compliance with the requirement provided that: (a) the information and specifications required in Subsections (1) and (3) appear on the carton or other outer container or wrapper if the carton, outer container, or wrapper has sufficient space to bear the information; or(b) appear on a tag otherwise firmly and permanently affixed to the non-manufacturer sealed electronic- cigarette substance package or the manufacturer sealed electronic cigarette product package.(7) In the case of Subsection (6)(a) or (b), the carton, outer container, wrapper, or tag will serve as the location of the principal display panels.(8) The retailer shall ensure that an industrial hemp product that is a non-manufacturer sealed electronic cigarette substance or an industrial hemp product that is a manufacturer sealed electronic cigarette product is compliant with Title 4, Chapter 41, Part 1, Industrial Hemp and Section R68-26-5, unless: (a) an industrial hemp product that is a non-manufacturer sealed electronic cigarette substance marketed as containing nicotine and offered for sale or an industrial hemp product that is a manufacturer sealed electronic cigarette product marketed as containing nicotine and offered for sale is in compliance with the safety warning requirements in Subsections (1) and (2); or(b) an industrial hemp product that is a non-manufacturer sealed electronic cigarette substance marketed as nicotine-free and offered for sale is exempt from the safety warning requirements in Subsections (3) and (4) if the product is compliant with Title 4, Chapter 41, Part 1, Industrial Hemp and Section R68-26-5.Utah Admin. Code R384-415-3
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