Summary
The proposed rule seeks to regulate electronic-cigarette substances at the point of sale between the retailer and the consumer. The regulation takes the form of standards for: 1) labeling; 2) nicotine content; 3) packaging; and 4) product quality. As stated in Section 26-57-103, the sale of electronic-cigarette substances that fail to meet these standards will be prohibited. The purpose of enacting regulatory standards for these products is to attempt to limit the increased number of nicotine related poisonings in the state. Labeling standards seek to better communicate product information and nicotine toxicity to the consumers. Standards for nicotine content set a limit for the concentration of nicotine in an electronic-cigarette substance, and a maximum for variation from the labelled concentration. Packaging standards are intended to make child entry and tampering to the product more difficult. Product quality standards prescribe requirements for ingredients used in electronic-cigarette substances. The rule also features recordkeeping provisions that will aid retailers in proving compliance to the aforementioned standards.