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Utah Indoor Clean Air Act

Changes in Definition of Smoking

Current Status

Beginning May 8, 2012, Utah Indoor Clean Air Act amendments to the definition of smoking went into effect.

The 2012 Utah Indoor Clean Air Act Amendments provide additional health protection for employees and members of public places from secondhand exposure to electronic cigarettes and limit heated tobacco use.

Both of these provisions shall sunset in 2017.

What it Means

Electronic Cigarettes-
Electronic cigarette use will be prohibited in virtually all places that smoking tobacco is currently not allowed.

The prohibition of use of an e-cigarette does not apply if:
(1) The use of the e-cigarette occurs in a the place ... that is a retail establishment that sells e-cigarettes and the use if for the purpose of:
(a) the retailer of an e-cigarette demonstrating to the purchaser of the e-cigarette how to use the e-cigarette; or
(b) the customer sampling a product sold by the retailer for use in an e-cigarette.

(2) The retailer of e-cigarettes:
(a) has all the required licenses for the possession and sale of e-cigarettes in a place of business.
(b) does not permit a person under the age of 19 to enter any part of the premises of the retail establishment in which e-cigarettes are sold;
(c) the sale of e-cigarettes and substances for use in e-cigarettes constitutes at least 75% of the establishments's gross sales.

Heated Tobacco Products-
Heated tobacco products (hookah) will only be allowed in businesses who:
(1) Prior to January 1, 2012 had and continues to have a class C or D liquor license;
(2) Prior to January 1, 2012 have already sold a mixture of tobacco and flavors or the purpose of heating and exhaling in a hookah pipe.
(3) Prior to January 1, 2012 the sale of the mixture of tobacco and other flavors for use in a hookah pipe constructed at least 10% of the establishment's gross revenues.
(4) Apply to the health department by July 1, 2012 to be certified for an exemption.

As part of the exemption:
(1) Shall admit only individuals 21 years of age and older into the place of public access.
(2) Shall prominently display signs delineating the harm associated with secondhand smoke exposure.
(3) Shall require only tobacco products sold by the place of public access to be heated, inhaled, and exhaled in a place of public access.
(4) May not sell a product for use in a hookah that contains more than 30% tobacco or more than .05% nicotine.

In both cases there may be additional requirements as specified in future rule changes.

Additional Resources

 

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