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Committee backs McPherson plan to overhaul vape regulation, repeal local flavor ban and boost enforcement funding
Summary
The committee adopted a substitute and reported House Bill 432 favorably 8–6 after hours of testimony from industry, health groups and retailers. The substitute repeals elements of prior law, raises fees and penalties, creates distributor licensing and a 2.5% product tax to fund enforcement and research, and starts an RFID pilot.
A House committee voted 8–6 on Thursday to report House Bill 432, a wide‑ranging rewrite of Utah’s vape rules that would repeal parts of the state’s prior flavor restrictions, remove a nicotine‑content limit, increase licensing and enforcement funding, and create a distributor regulatory structure and an RFID pilot to track products.
Representative McPherson, the sponsor, told the committee he drafted the substitute to address illegal sales to minors and enforcement gaps in the current framework. “SB 61 didn't do anything that would provide any real benefit to preventing youth vaping in this state,” McPherson said, arguing the substitute concentrates enforcement where illegal sales occur and funds active compliance work.
Key features discussed in committee include:
- Repeal of statutory language that restricted flavored electronic cigarette products to retail tobacco specialty businesses (RTSBs) and repeal of the statutory nicotine‑content limit. - Creation of a handling permit and higher RTSB license fees (example figure discussed: raise from $30 to $3,000 annually) to fund…
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