§ 26A-1-131 — Electronic cigarette registry enforcement.

(1) (1)(a) A local health department may examine the books, papers, and records of a retailer in this state, for the purpose of determining compliance with Section 59-14-810.
(1)(b) A local health department may make the inspections and examinations at any time during ordinary business hours, and may inspect the premises and all desks, safes, vaults, and other fixtures and furniture contained in or upon the premises for the purpose of ascertaining whether an electronic cigarette product is held or possessed in violation of Section 59-14-810.
(1)(c) Unannounced follow-up examinations of all retailers are required within 30 days after any violation of Section 59-14-810.
(1)(d) A local health department shall publish the results of all examinations at least annually and shall make the results available to the public on request.
(1)(e) Any electronic cigarette product offered for sale in violation of Section 59-14-810 is declared to be a contraband good and shall be immediately embargoed by a local health department.
(1)(f) An electronic cigarette product described in Subsection (1)(e) may be embargoed without a warrant by:
(1)(f)(i) a local health department; or
(1)(f)(ii) a law enforcement agency of this state if directed by a local health department with jurisdiction over where the product is found.
(1)(g) The cost of embargoing shall be borne by the retailer.
(1)(h) In an action brought under this section, a local health department may recover reasonable expenses incurred in investigating and preparing the case and attorney fees.
(1)(i) A retailer shall remove any embargoed electronic cigarette product from the retailer's active inventory and work with the wholesaler or distributor to return or dispose the electronic cigarette product.
(2) (2)(a) A local health department shall disclose to the attorney general any information received under this section which is requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this section or Section 59-14-810.
(2)(b) A local health department and the attorney general shall share with each other information received under this section and Section 59-14-810 or corresponding laws of other states.
(2)(c) A local health department shall provide any necessary information to the State Tax Commission regarding violations of Section 59-14-810.
(3) A monetary penalty assessed to a retailer by a local health department under this section shall be doubled if the retailer fails to provide documentation establishing a clear chain of custody back to the manufacturer.

Legislative History

Enacted by Chapter 470, 2024 General Session