Specialized Product Sales Amendments

34
4-45a-101
4-45a-102
4-45a-103
4-45a-104
4-45a-105
26B-1-310
59-14-106
76-9-1102
76-9-1116
77-39-101
0
Specialized Product Sales Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions related to specialized products.
Highlighted Provisions:
This bill:
defines terms;
creates a license for
persons that sell specialized products to be administered by the
Department of Agriculture and Food (department);
requires
specialized product retailers to provide a list of
specialized products offered for
sale to the department;
requires applicants for a
specialized product retailer license to provide ownership
information;
prohibits issuing a license if certain individuals involved with the
specialized product
retailer have violated certain criminal laws;
requires the State Tax Commission to revoke certain tobacco and nicotine licenses if the
licensee stores or sells illegally obtained controlled substances;
prohibits advertising of electronic cigarette products and nicotine products in certain
locations;
creates fees and penalties related to the license;
criminalizes the criminally negligent sale of tobacco, electronic cigarettes, and nicotine to
minors; and
amends provisions related to underage tobacco sales.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-310
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
76-9-1102
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-9-1116
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-39-101
, as last amended by Laws of Utah 2025, Chapters 114, 173
ENACTS:
4-45a-101
, Utah Code Annotated 1953
4-45a-102
, Utah Code Annotated 1953
4-45a-103
, Utah Code Annotated 1953
4-45a-104
, Utah Code Annotated 1953
4-45a-105
, Utah Code Annotated 1953
59-14-106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-45a-101
is enacted to read:
45a. Specialized Product Regulation
4-45a-101
. Definitions.
As used in this section:
(1)
"Conventional food" means:
(a)
an article used for food or drink for human or animal consumption or the components
of the article; or
(b)
chewing gum or chewing gum components.
(2)
(a)
"Crime involving a nicotine containing product" means an offense described in
any of the following sections:
(i)
Section
76-9-1102
, Illegal sale of clove cigarette;
(ii)
Section
76-9-1103
, Permitting minors to use tobacco or electronic cigarette
product in place of business;
(iii)
Section
76-9-1104
, Providing tobacco product, electronic cigarette product, or
nicotine product to a minor;
(iv)
Section
76-9-1105
, Providing tobacco paraphernalia to a minor;
(v)
Section
76-9-1107
, Requirement of direct, face-to-face sale -- Restrictions on
remote sales;
(vi)
Section
76-9-1108
, Illegal presence of a minor inside a retail tobacco specialty
business;
(vii)
Section
76-9-1112
, Illegal provision of smokeless tobacco or electronic cigarette
product;
(viii)
Section
76-9-1113
, Illegal distribution of a tobacco product on school property;
(ix)
Section
76-9-1114
, Illegal distribution of a flavored electronic cigarette product;
(x)
Section
76-9-1115
, Illegal distribution of electronic cigarette product without
premarket authorization; or
(xi)
Section
76-9-1116
, Unlawful sale of a tobacco product, electronic cigarette
product, or nicotine product.
(b)
"Crime involving a nicotine containing product" includes a conviction for an offense
previously in statute in this state that is the same or substantially similar to an offense
described in Subsection
(2)(a)
.
(3)
"Electronic cigarette product" means the same as that term is defined in Section
76-9-1101
.
(4)
"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty
business.
(5)
"License" means the license described in Section
4-45a-102
.
(6)
"Licensee" means a specialized product retailer licensed under Section
4-45a-102
.
(7)
"Nicotine product" means the same as that term is defined in Section
76-9-1101
.
(8)
"Product list" means a list of specialized products sold by a licensee.
(9)
"Self-service display" means the same as that term is defined in Section
76-9-1107
.
(10)
(a)
"Specialized product" means any product intended to be ingested, inhaled,
absorbed, or introduced into the human body that is:
(i)
a cannabinoid product as defined in Section
4-41-102
;
(ii)
a kratom product as defined in Section
4-45-102
;
(iii)
a tobacco product that is not tobacco paraphernalia;
(iv)
a nicotine product;
(v)
an electronic cigarette substance as defined in Section
76-9-1101
;
(vi)
a prefilled electronic cigarette as defined in Section
76-9-1101
; or
(vii)
a product containing a substance:
(A)
not generally recognized as safe for use in a conventional food product under
applicable federal food additive regulations; and
(B)
that is known or intended to have psychoactive, euphoric, analgesic, sedative,
or intoxicating effects.
(b)
"Specialized product" includes a product described in Subsection
(10)(a)
even if the
product complies with the federal Dietary Supplement Health and Education Act, 21
U.S.C. Sec. 321(ff) et seq.
(c)
"Specialized product" does not include a conventional food product that does not
contain any substance or product type described in Subsection
(10)(a)
.
(11)
"Specialized product retailer" means a person that sells a specialized product.
(12)
"Tobacco product" means:
(a)
a tobacco product as defined in Section
76-9-1101
; or
(b)
tobacco paraphernalia as defined in Section
76-9-1101
.
(13)
"Tobacco retailer" means a person that is required to obtain a State Tax Commission
license for the sale of an electronic cigarette product, nicotine product, or tobacco
product.
Section 2. Section
4-45a-102
is enacted to read:
4-45a-102
. License.
(1)
A specialized product retailer may not sell a specialized product in the state unless the
specialized product retailer obtains a license from the department.
(2)
The department shall charge the following fees to obtain a license under this chapter:
(a)
$2,500 for a retail tobacco specialty business;
(b)
$600 for any retailer that sells:
(i)
a cannabinoid product as defined in Section
4-41-102
;
(ii)
a kratom product as defined in Section
4-45-102
; or
(iii)
a product containing a substance:
(A)
not generally recognized as safe for use in a conventional food product under
applicable federal food additive regulations; and
(B)
that is known or intended to have psychoactive, euphoric, analgesic, sedative,
or intoxicating effects; and
(c)
$300 for a general tobacco retailer not described in Subsection
(2)(b)
.
(3)
The term for a license under this section is one year.
(4)
The department may not issue a license to a person under this section unless the person
provides proof that the person has obtained the applicable license, registration, or
permit, required by law for each specialized product type that the person sells which
may include:
(a)
a license for a retail tobacco specialty business described in Section
10-8-41.6
and
Section
17-78-1004
;
(b)
a valid permit for a tobacco retailer issued under Title 26B, Chapter 7, Part 5,
Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health
department having jurisdiction over the area in which the tobacco retailer is located;
and
(c)
each appropriate license from the State Tax Commission for each product the person
will sell that requires a license from the State Tax Commission.
(5)
A person that operates a specialized product retailer without a current and valid license
described in Subsection
(1)
is subject to a $50,000 civil fine.
(6)
A person that operates as a retail tobacco specialty business without the current and
valid licenses required by law to be a retail tobacco specialty business is subject to a
$50,000 civil fine.
(7)
The department shall deposit fees collected under this section into the Qualified Patient
Enterprise Fund described in
Section
26B-1-310
.
Section 3. Section
4-45a-103
is enacted to read:
4-45a-103
. Applicants.
(1)
An applicant for a license shall provide the name and address of any individual who has:
(a)
for a publicly traded company, a financial or voting interest of 10% or greater in the
specialized product retailer;
(b)
for a privately held company, a financial or voting interest in the specialized product
retailer; or
(c)
the power to direct or cause the management or control of the specialized product
retailer.
(2)
The department may not issue a license to an applicant if an individual described in
Subsection
(1)
has been convicted under state or federal law of:
(a)
a felony in the
preceding 10 years;
(b)
a crime involving a nicotine containing product; or
(c)
after December 3, 2018, a misdemeanor or felony for drug distribution.
Section 4. Section
4-45a-104
is enacted to read:
4-45a-104
. Registration of products.
(1)
(a)
A licensee shall provide the department a product list.
(b)
At least seven days before selling a specialized product not on the product list, a
licensee shall notify the department and provide an updated product list that includes
the additional specialized product.
(c)
For any product on a product list or that is being added to a product list under
Subsection
(1)(b)
, the licensee shall provide the department with access to the
ingredient list for the specialized product.
(d)
The department may remove specialized products from a product list if the
possession or sale of the specialized product violates state law.
(2)
A licensee may not sell a specialized product that is not on the product list provided to
the department.
(3)
If requested by the department to provide a specialized product for inspection or testing,
a licensee shall provide the requested specialized product to the department.
(4)
(a)
A licensee that sells a product in violation of Subsection
(2)
is subject to a $1,000
fine for each product sold in violation of Subsection
(2)
.
(b)
In addition to the monetary fine described in Subsection
(4)(a)
, a licensee is subject
to the following for violations of Subsection
(2)
:
(i)
for a first violation, a public reprimand posted on the department's website;
(ii)
for a second violation, a 30-day license suspension;
(iii)
for a third violation, a 60-day license suspension;
(iv)
for a fourth violation, a 90-day license suspension; and
(v)
for a fifth violation, revocation of the license.
Section 5. Section
4-45a-105
is enacted to read:
4-45a-105
. Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to implement this chapter.
Section 6. Section
26B-1-310
is amended to read:
26B-1-310
. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality
-- Uniform fee.
(1)
There is created an enterprise fund known as the "Qualified Patient Enterprise Fund."
(2)
The fund created in this section is funded from:
(a)
money the department deposits into the fund under
Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis
;
(b)
appropriations the Legislature makes to the fund; and
(c)
the interest described in Subsection
(3)
.
(3)
Interest earned on the fund shall be deposited into the fund.
(4)
(a)
Money
Except as provided in Subsection
(4)(b)
, money
deposited into the fund
may only be used by:
(a)
(i)
the department to accomplish the department's responsibilities described in
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
;
(b)
(ii)
the Center for Medical Cannabis Research created in Section
53H-4-206
to
accomplish the Center for Medical Cannabis Research's responsibilities; and
(c)
(iii)
the Department of Agriculture and Food for the one time purchase of
equipment to meet the requirements described in Section
4-41a-204.1
.
(b)
For money deposited under Section
4-45a-102
, the department shall:
(i)
use 10% of the money for tobacco and nicotine prevention purposes; and
(ii)
provide the remainder of the money to the Department of Agriculture and Food to:
(A)
expand and improve testing services at the state lab; and
(B)
enforce Title 4, Chapter 45a, Specialized Product Regulation.
(5)
The department shall set fees authorized under
Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis
, in amounts that the department anticipates are necessary, in total,
to cover the department's cost to implement
Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis
.
(6)
The department may impose a uniform fee on each medical cannabis transaction in a
medical cannabis pharmacy in an amount that, subject to Subsection
(5)
, the department
sets in accordance with Section
63J-1-504
.
Section 7. Section
59-14-106
is enacted to read:
59-14-106
. Revocation of license for controlled substance sale and distribution.
(1)
As used in this section:
(a)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(b)
"Licensee" means a person that holds a license under Section
59-14-201
,
59-14-301
,
or
59-14-803
.
(2)
As a condition for each license issued under this chapter, a licensee agrees to not store,
sell, or attempt to sell illegally obtained controlled substances.
(3)
The tax commission shall revoke each license described in Section
59-14-201
,
59-14-301
, and
59-14-803
that a licensee holds if the tax commission receives notice
that a licensee has been charged with a criminal offense involving possession with intent
to distribute, distribution, or sale of a controlled substance.
Section 8. Section
76-9-1102
is amended to read:
76-9-1102
. Cigarette, electronic cigarette, nicotine product, or tobacco
advertising violation.
(1)
Terms defined in Sections
76-1-101.5
and
76-9-1101
apply to this section.
(2)
Except as provided in Subsection
(4)
, an actor commits cigarette or tobacco advertising
violation if the actor displays on a billboard, streetcar sign, streetcar, bus, placard, or on
any other object or place of display, an advertisement of cigarettes,
electronic cigarette
products,
cigarette papers, cigars, chewing tobacco,
nicotine products,
or smoking
tobacco or any disguise or substitute of cigarettes, cigarette papers, tobacco, or cigars.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
(a)
A dealer of cigarettes,
electronic cigarette products,
cigarette papers, tobacco,
cigars,
nicotine products,
or a substitute for cigarettes, cigarette papers, tobacco, or
cigars may have a sign on the front of the dealer's place of business stating that the
dealer is a dealer of cigarettes,
electronic cigarette products,
cigarette papers,
tobacco, cigars,
nicotine products,
or a substitute for cigarettes, cigarette papers,
tobacco, or cigars.
(b)
This section does not prohibit the advertisement of an item listed in Subsection
(4)(a)

in a newspaper, magazine or periodical printed or circulating in this state.
Section 9. Section
76-9-1116
is amended to read:
76-9-1116
. Unlawful sale of a tobacco product, electronic cigarette product, or
nicotine product.
(1)
(a)
As used in this section:
(i)
"Compensatory service" means service or unpaid work performed by an
employee, in lieu of the payment of a fine or imprisonment.
(ii)
"Employee" means an employee or an owner of a tobacco retailer.
(b)
Terms defined in Sections
76-1-101.5
and
76-9-1101
apply to this section.
(2)
An actor commits unlawful sale of a tobacco product, electronic cigarette product, or
nicotine product if the actor:
(a)
is an employee; and
(b)
intentionally or knowingly
with criminal negligence,
sells or gives a tobacco
product, an electronic cigarette product, or a nicotine product in the course of
business to an individual younger than 21 years old.
(3)
A violation of Subsection
(2)
is:
(a)
on a first violation:
(i)
an infraction; and
(ii)
subject to:
(A)
a fine not exceeding $1,000; or
(B)
compensatory service; or
(b)
on a subsequent violation:
(i)
a class C misdemeanor; and
(ii)
subject to:
(A)
a fine not exceeding $2,000; or
(B)
compensatory service.
Section 10. Section
77-39-101
is amended to read:
77-39-101
. Investigation of sales of alcohol, tobacco products, electronic
cigarette products, nicotine products, and cannabinoid products to underage individuals.
(1)
As used in this section:
(a)
"Cannabinoid product" means the same as that term is defined in Section
4-41-102
.
(b)
"Electronic cigarette product" means the same as that term is defined in Section
76-9-1101
.
(c)
"Nicotine product" means the same as that term is defined in Section
76-9-1101
.
(d)
"Peace officer" means the same as the term is described in Section
53-13-109
.
(e)
"Tobacco product" means the same as that term is defined in Section
76-9-1101
.
(2)
(a)
A peace officer may investigate the possible violation of:
(i)
Section
32B-4-403
by requesting an individual under 21 years old to enter into
and attempt to purchase or make a purchase of alcohol from a retail establishment;
(ii)
Section
76-9-1103
,
76-9-1104
,
76-9-1105
, or
76-9-1116
by requesting an
individual under 21 years old to enter into and attempt to purchase or make a
purchase from a retail establishment of:
(A)
a tobacco product;
(B)
an electronic cigarette product; or
(C)
a nicotine product; or
(iii)
Subsection
4-41-105(2)(a)(iv)
by requesting an individual under 21 years old to
enter into and attempt to purchase or make a purchase of a cannabinoid product
that contains THC or a THC analog from a retail establishment.
(b)
A peace officer who is present at the site of a proposed purchase shall direct,
supervise, and monitor the individual requested to make the purchase.
(c)
Immediately following a purchase or attempted purchase or as soon as practical the
supervising peace officer shall inform the cashier and the proprietor or manager of
the retail establishment that the attempted purchaser was under the legal age to
purchase:
(i)
alcohol;
(ii)
(A)
a tobacco product;
(B)
an electronic cigarette product; or
(C)
a nicotine product; or
(iii)
a cannabinoid product that contains THC or a THC analog.
(d)
If a citation or information is issued, the citation or information shall be issued
within seven days after the day on which the purchase occurs.
(3)
(a)
If an individual under 18 years old is requested to attempt a purchase, a written
consent of that individual's parent or guardian shall be obtained before the individual
participates in any attempted purchase.
(b)
An individual requested by the peace officer to attempt a purchase may:
(i)
be a trained volunteer; or
(ii)
receive payment, but may not be paid based on the number of successful
purchases of alcohol, tobacco products, electronic cigarette products, nicotine
products, or cannabinoid products that contain THC or a THC analog.
(4)
The individual requested by the peace officer to attempt a purchase and anyone
accompanying the individual attempting a purchase may use false identification in
attempting the purchase if:
(a)
the Department of Public Safety created in Section
53-1-103
provides the false
identification;
(b)
the false identification:
(i)
accurately represents the individual's age; and
(ii)
displays a current photo of the individual; and
(c)
the peace officer maintains possession of the false identification at all times outside
the attempt to purchase.
(5)
An individual requested to attempt to purchase or make a purchase pursuant to this
section is immune from prosecution, suit, or civil liability for the purchase of, attempted
purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product,

a nicotine product, or a cannabinoid product that contains THC or a THC analog if a
peace officer directs, supervises, and monitors the individual.
(6)
(a)
Except as provided in Subsection
(6)(b)
, a purchase attempted under this section
shall be conducted within a 12-month period:
(i)
on a random basis at any one retail establishment location, not more often than
four times for the attempted purchase of alcohol;
(ii)
a minimum of two times at a retail establishment that sells tobacco products,
electronic cigarette products, or nicotine products for the attempted purchase of a
tobacco product, an electronic cigarette product, or a nicotine product; and
(iii)
a minimum of one time at a retail establishment that sells a cannabinoid product
that contains THC or a THC analog.
(b)
This section does not prohibit an investigation or an attempt to purchase alcohol, a
tobacco product, an electronic cigarette product, or a nicotine product under this
section if:
(i)
there is reasonable suspicion to believe the retail establishment has sold alcohol, a
tobacco product, an electronic cigarette product,

a nicotine product, or a
cannabinoid product that contains THC or a THC analog to an individual under
the age established by Section
32B-4-403
, Section
76-9-1116
, or Subsection
4-41-105(2)(d)
; and
(ii)
the supervising peace officer makes a written record of the grounds for the
reasonable suspicion.
(7)
(a)
The peace officer exercising direction, supervision, and monitoring of the
attempted purchase shall make a report of the attempted purchase, whether or not a
purchase was made.
(b)
The report required by this Subsection
(7)
shall include:
(i)
the name of the supervising peace officer;
(ii)
the name of the individual attempting the purchase;
(iii)
a photograph of the individual attempting the purchase showing how that
individual appeared at the time of the attempted purchase;
(iv)
the name and description of the cashier or proprietor from whom the individual
attempted the purchase;
(v)
the name and address of the retail establishment; and
(vi)
the date and time of the attempted purchase.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 1:20 PM