In the absence of similar rules at the state or federal level, the Tooele County Board of Health has enacted regulations to manage the sale and production of e-cigarettes and related products in Tooele County.
The regulations, known officially as Health Regulation #18, include specific rules for how liquid refills for e-cigarettes must be packaged and labeled for retail sale, for how much nicotine those refills may contain, and bars the sale of e-cigarettes and related products to anyone under 19.
The regulations were needed because neither the state nor the federal government has passed measures to regulate the sale of e-cigarettes and e-cigarette refills, leaving it to local governments to regulate their distribution, said Jeff Coombs, deputy director of the Tooele County Health Department.
“Most health departments are taking action at the local level,” he said. “We’re hoping that in the future the state will come out with a state-wide rule, and beyond that, that the FDA will do something national.
“Our concern is that youth still have access to e-juice and e-cigarettes on the Internet, and we have no way to regulate that at the local level. The usage of e-cigarettes is just growing — especially among youth, the growth is just astronomical.”
Under the new regulations, which officially went into force on Sept. 30, e-cigarette retailers will be required to ensure that all refills come equipped with child-proof caps, and must include smear-resistant labels regarding the vendor’s name, the nicotine content, and pertinent safety warnings.
The board’s reasoning, Coombs said, was that high levels of nicotine can absorb through the skin and make an individual ill. For small children, such a dose of nicotine can prove fatal.
Additionally, Regulation 18 bans advertisements that make any sort of health or therapeutic claims related to the use of e-cigarettes, and bans claiming that e-cigarettes may be used as a smoking cessation device. Coombs said the advertising rules were aimed at curbing common false statements that are not scientifically backed.
Regulation 18 also sets a cap for the nicotine content of e-cigarette refills at 3.6 percent — a number the county borrowed from a Davis County health study, said Kim Clausing, the health department’s tobacco prevention coordinator.
Coombs said e-cigarette refills are of particular concern to the health department because the liquid that is vaporized in e-cigarettes can deliver a much larger dose of nicotine at a much greater rate of speed than traditional cigarettes.
The regulation also spells out several rules for the manufacture of e-cigarette refills in Tooele County, though no Tooele County businesses currently make their own refills.
Businesses that sell e-cigarettes and related products are required to obtain a permit from the health department and are subject to regular inspections to ensure they comply with all health department regulations. Those entities found to be in violation of the new e-cigarette regulations may be charged with a class B misdemeanor.