UtahUtah requires specialized product sellers to get state licenses
Utah retailers selling covered tobacco, nicotine, cannabinoid, and other specialized products need a state license and must report their product lists.
What it does
Utah retailers must hold a state license to sell covered products. They also need any other permits required for those products, and license fees vary by retailer.
Licensed retailers must list the covered products they sell and provide ingredient information. They must give the state at least seven days' notice before selling an added product.
The state cannot license a retailer if a covered owner or controller has certain felony, nicotine-related, or drug-distribution convictions.
The law bars many public displays of cigarette, tobacco, electronic cigarette, and nicotine product ads, with exceptions for a dealer's storefront sign and print publications.
The Tax Commission must revoke covered tobacco and nicotine licenses after notice that a license holder has been charged with certain controlled-substance offenses.
Argument forProduct lists, ingredient access, and inspections could help state officials identify products that violate state law.
Argument againstThe license fees and $50,000 fine for operating without required licenses could make it harder for some retailers to sell covered products.
More detail
Specialized product retailers must get a state license to sell covered products. Covered products include cannabinoid, kratom, tobacco, nicotine, and electronic cigarette products, plus certain products with psychoactive or intoxicating effects. Before getting this license, a retailer must show it has any other license, permit, or registration required for the products it sells. Fees are $300, $600, or $2,500, depending on the retailer and products sold. Operating without required licenses carries a $50,000 civil fine. The law took effect May 6, 2026.
Licensed retailers must give the state a list of the specialized products they sell. These rules apply to retailers licensed to sell specialized products. Retailers must provide access to each listed product's ingredients and provide a product for inspection or testing when the department asks. Selling an unlisted product carries a $1,000 fine for each product. Repeated violations can lead to a reprimand, license suspensions, and license revocation. The seven-day notice is due before a retailer sells a product that is not already on its list.
The Department of Agriculture and Food cannot issue a license when a covered owner or controller has certain convictions. For a publicly traded retailer, the rule covers people with at least a 10% financial or voting interest; for a privately held retailer, it covers anyone with such an interest. It also covers people who can direct or control the retailer. Applicants must provide the name and address of people with the specified ownership or control interests. Disqualifying convictions include a felony in the past 10 years, a crime involving a nicotine product, or a drug-distribution misdemeanor or felony for an offense after December 3, 2018. The 10-year lookback applies to felony convictions. The drug-distribution rule applies to offenses after December 3, 2018.
The law bars certain public displays of cigarette, tobacco, electronic cigarette, and nicotine product ads. The rule covers ads for cigarettes, electronic cigarette products, tobacco, nicotine products, and listed substitutes. The rule covers ads displayed on billboards, vehicles, signs, or other display places. A dealer may display a sign at the front of its business saying it sells these products, and the section does not bar ads in newspapers, magazines, or periodicals printed or circulated in Utah. The law took effect May 6, 2026.
The Tax Commission must revoke specified tobacco and nicotine licenses after receiving notice that a licensee has been charged with certain controlled-substance offenses. This applies to licenses issued under the cited state laws for tobacco, nicotine, or electronic cigarette products. As a condition of each covered license, the licensee agrees not to store, sell, or try to sell illegally obtained controlled substances. The required revocation is triggered by notice of a charge involving possession with intent to distribute, distribution, or sale of a controlled substance. The revocation duty applies when the commission receives notice of a qualifying charge.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Governor Spencer Cox SignedBecame Law
- Mar 16House/ to GovernorTo Governor
- Mar 16House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 11Draft of Enrolled Bill Prepared
- Mar 11Bill Received from House for EnrollingMinor
- Mar 11House/ signed by Speaker/ sent for enrollingMajor
- Mar 11House/ received from SenateMinor
- Mar 10Senate/ to House
- Mar 10Senate/ signed by President/ returned to HouseMajor
- Mar 10Senate/ received from HouseMinor
- Mar 7House/ to Senate
- Vote recorded House/ concurs with Senate amendment. Result: pass.Lower
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 7House/ concurs with Senate amendmentMajor
- Mar 7House/ placed on Concurrence Calendar
- Mar 7House/ received from SenateMinor
- Mar 7Senate/ to House with amendments
- Mar 7Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 7Senate/ substituted
- Mar 7Senate/ 2nd & 3rd readings/ suspensionMinor
- Mar 6Senate/ Rules to 2nd Reading Calendar
- Mar 5LFA/ fiscal note publicly available for HB0385S03
- Mar 5Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]Minor
- Mar 4LFA/ fiscal note sent to sponsor for HB0385S03
- Mar 3LFA/ bill sent to agencies for fiscal input for HB0385S03
- Mar 3LFA/ bill assigned to staff for fiscal analysis for HB0385S03
- Mar 2Senate/ placed on 2nd Reading Calendar
- Mar 2Senate/ committee report favorable [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 28Senate Comm - Favorable Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 25LFA/ fiscal note publicly available for HB0385S02
- Feb 25LFA/ fiscal note sent to sponsor for HB0385S02
- Feb 24Senate/ to standing committee [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 23Senate/ 1st reading (Introduced)Minor
- Feb 20Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 20House/ to Senate
- Feb 20House/ passed 3rd readingPassed House
- Feb 20House/ substituted
- Feb 20House/ 3rd readingMinor
- Feb 20LFA/ bill sent to agencies for fiscal input for HB0385S02
- Feb 20LFA/ bill assigned to staff for fiscal analysis for HB0385S02
- Feb 14LFA/ fiscal note publicly available for HB0385S01
- Feb 14LFA/ fiscal note sent to sponsor for HB0385S01
- Feb 13House/ 2nd readingMinor
- Feb 13House/ comm rpt/ substituted [House Business, Labor, and Commerce Committee]
- Feb 12House Comm - Favorable Recommendation [House Business, Labor, and Commerce Committee]Minor
- Feb 12House Comm - Substitute Recommendation [House Business, Labor, and Commerce Committee]Major
- Feb 12LFA/ bill sent to agencies for fiscal input for HB0385S01
- Feb 12LFA/ bill assigned to staff for fiscal analysis for HB0385S01
- Jan 30House/ to standing committee [House Business, Labor, and Commerce Committee]Minor
- Jan 29House/ received fiscal note from Fiscal AnalystMinor
- Jan 29LFA/ fiscal note publicly available for HB0385
- Jan 29LFA/ fiscal note sent to sponsor for HB0385
- Jan 27House/ 1st reading (Introduced)Minor
- Jan 27House/ received bill from Legislative ResearchMinor
- Jan 26LFA/ bill sent to agencies for fiscal input for HB0385
- Jan 26LFA/ bill assigned to staff for fiscal analysis for HB0385
- Jan 26Numbered Bill Publicly Distributed
- Jan 26Bill Numbered but not DistributedIntroduced
Consumer ProtectionPublic Safety