Tobacco & E-Liquid Manufacturing Permits
Since 2018, the Utah County Health Department has permitted tobacco retailers in Utah County. Each business is required to have a permit before they place in public view, display any advertisements for, or sell, offer for sale or for exchange any tobacco, electronic cigarette, or nicotine products. To legally sell these products in Utah, you must first complete ALL steps below:
- Register business with the Utah Department of Commerce
- Obtain a tobacco license from the Utah State Tax Commission, a bond may also be needed
- Obtain a tobacco retailer permit from the local health department
- Obtain license from the city and/or county licensing office where your business is located
The Utah County Health Department will conduct inspections at least annually at all tobacco retail locations to determine continued compliance with relevant tobacco local and state laws (Utah Code 26-62-303). Failure to comply with all permitting and tobacco laws may result in a notice of violation with monetary penalties, permit suspension, and/or permit revocation (Utah Code 26-62-301; 305).
General Tobacco Retailers
This type of retail location typically sells a wide variety of products and meets all of the following criteria:
- The sale of tobacco products* accounts for less than 35% of the total quarterly gross receipts
- Less than 20% of the retail floor space is allocated to the offer, display or storage of tobacco products
- Less than 20% of the total shelf space is allocated to the offer, display or storage of tobacco products
- Does not have a self-service tobacco display, such as a vending machine
- Cannot sell flavored e-cigarettes (excluding tobacco, mint and menthol)
Utah Code 10-8-41.6 (h)
To become permitted as a general tobacco retail business, follow the steps below:
- Submit a completed Tobacco Retailer Permit Application. A complete application must include a copy of your current Cigarette/Tobacco Products License from the Utah State Tax Commission.
- If application is approved, pay $30.00 new permit fee.
- Maintain permit by renewing every 2 years.
Retail Tobacco Specialty Business
This type of retail location typically specializes in the sale of tobacco products and meets any of the following criteria:
- 35% or more of the total quarterly gross receipts are from the sale of tobacco products
- 20% or more of the retail floor space is allocated to the offer, display, or storage of tobacco products
- 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products
- Holds itself out as a retail tobacco speciality business or causes a reasonable person to believe it is a retail tobacco specialty business
- Any flavor electronic cigarette product is sold
- The retail space features a self-service display for tobacco products
A retail tobacco specialty business also must meet the following proximity requirements for the proposed store location:
- Not within 1,000 feet of a community location; (ex.a public or private kindergarten, elementary, middle, junior high, or high school; a licensed child-care facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; a public arcade; or for a new license issued on or after July 1, 2018, a homeless shelter)
- Not within 600 feet of another retail tobacco specialty business; or
- Not within 600 feet of property used or zoned for agricultural or residential use.
Utah Code 26-62-202, 10-8-41.6 (h)
To become permitted as a Retail Tobacco Specialty Business, follow the steps below:
- Submit a completed Tobacco Retailer Permit Application. A complete application includes the following:
- Provide a map of proposed retail tobacco specialty business location (submit with application).
- Provide a copy of current Cigarette/Tobacco Products License from the Utah State Tax Commission (submit with application)
- Pay $250 business plan review fee (non-refundable). A business plan review will be conducted before a permit will be issued.
- If application is approved, pay $30 new permit fee.
- Maintain permit by renewing every year.
E-Liquid Manufacturing Permit
The Utah County Health Department permits and regulates e-liquid manufacturers in Utah County.
For the manufacture of E-Liquids, a person or business must:
- Submit a required written E-Liquid Manufacturer Permit application
- Pay the $250.00 permit and inspection fee
- Coordinate with the health department to complete an inspection of the manufacturing location. Inspection must be completed before the new or renewed permit is issued.
- Post the annual permit with manufacturing endorsement in a visible public location within the facility.
- Each year the permit expires on December 31 and must be renewed prior to the expiration date
- If follow-up inspections are necessary, coordinate with health department to complete follow-up inspection and pay $150 follow-up inspection fee
Learn more at the Regulation for the retail sales of E-cigarettes, Electronic Nicotine Delivery Systems (ENDS), Electronic Nicotine Delivery Systems Paraphernalia and E-liquid, and the Manufacturing of E-liquid
- New permit: $30
- Permit renewal: $20
- Permit reinstatement: $30
- Retail Tobacco Specialty Business Plan Review: $250
- E-Liquid Manufacturing Permit and Inspection Fee: $250
- Manufacturing Follow-up Inspection Fee: $150
Tobacco Codes and Rules
Tobacco retailers are responsible for knowing laws regarding selling tobacco. The Utah County Health Department will inspect tobacco retail locations to ensure compliance to the law. Below are some resources to help. Please be familiar with these codes and rules to ensure you are compliant. If you have any questions you can contact us.
Summary of Utah Tobacco Laws
Below is a free resource for retailers to use when training their employees about tobacco sales. This is a great resource to learn about tobacco related codes, and contains training specifically for preventing underage sales.
Free Utah Retailer Education Guide and Training Manual
See below for additional codes and rules:
Utah Health Code: Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
Utah Health Code: Utah Indoor Clean Air Act
Utah Health Code: Electronic Cigarette Product and Nicotine Product Regulation Act
Utah Criminal Code: Cigarettes and Tobacco and Psychotoxic Chemical Solvents
Utah Code of Criminal Procedure: Sale of Tobacco or Alcohol to Under Age Persons
Utah Rule: Electronic Cigarette Substance Standards
Utah Rule: Tobacco Product, Electronic Cigarette Product, and Nicotine Product Retailer Permit Process
Utah Code: Cigarette and Tobacco Tax and Licensing Act
Utah County Regulations
Tobacco Retailer Recognition
Federal and state law requires all individuals who purchase tobacco products be at least age 21. Tobacco Retailers receive Gold, Silver or Bronze recognition based on the number of years that they’ve had no underage sales during underage tobacco sale Compliance Checks.
Thank you to those retailers in our Utah County community that have worked with us to follow the law and keep our youth safe.
Frequently Asked Questions
I don’t know which type of permit I need. How do I choose?
Read through the descriptions of each permit type as it explains the differences and restrictions of each. If you still have questions, please contact us.
What documents do I need to submit along with my application?
- You MUST submit the Cigarette and Tobacco Product License or E-Cigarette and Nicotine Product License from the Utah State Tax Commission for the business location you are applying for. This is also known as your Tax Commission license. You can visit https://tax.utah.gov/tobacco for more information. The business information on your license must match the information on your application. You need to have this document BEFORE you apply for your Tobacco Retail Permit. Your application cannot be processed without that license.
- If you are applying for a Retail Tobacco Specialty Business Permit, you must also submit a map of the proposed business location. Your application cannot be processed without the map.
I don’t have the Utah State Tax Commission License for my business yet. Can I still submit an application?
No, please wait until you have all of the required documentation before you submit an application. For more information, visit Utah State Tax Commission.
When will I know if my permit application has been approved?
The health department will notify businesses of permit approval within 30 days of your application submission.
How long is my permit valid?
General Tobacco Retailer Permits are valid for 2 years and Retail Tobacco Specialty Business Permits are valid for one year. Permits now expire on the last day of the month the permit was issued.
Will I get reminders when it’s time to renew my permit?
We typically send courtesy reminders via email; however, you are responsible to renew your permit before the expiration date whether or not you receive a reminder.
I’m changing some of my business information, do I need a new permit?
Yes! If any of the following information, you must apply for a new permit no later than 15 days after the information changes:
- Business name, business address, business telephone number
- Name, mailing addresses, and telephone numbers of each proprietor
Will you send me a copy of my permit?
Yes. If your application is approved we will email you an electronic copy and send you a physical copy in the mail.
I’m selling my business, can the new owner use my permit?
No. Permits are non transferable. If any proprietor (owner) information changes, the new owner must submit a new application.