Davis health board loosens e-cigarette regulations

The Davis County health board has loosened regulations governing the labeling and packaging of e-liquids for electronic smoking devices in an effort to be fair to the eight local retailers who sell the products.

But Utah Vapers, a Salt Lake City-based consumer advocacy group for the e-cigarette industry, is disappointed over the board loosening its standards to appease area e-cigarette retailers and contends that now stricter measures are being implemented in Utah and Weber counties.

“They were kind of bowing to keep everybody happy,” Utah Vapers CEO Aaron Frazier said of the board’s action weakening the high level of standards it once held for the electronic cigarette industry.

On Tuesday, the board at its regular quarterly meeting unanimously adopted amendments removing from its regulations the requirement that e-juice be in leak-proof and tamper evident containers, as well as labeled to display nicotine content by milligrams or milliliters or percent of nicotine by volume.

“Although I hate to be in a position to loosen the regulations, it is the appropriate thing to do,” county Health Director Lewis R. Garrett said.

Because many e-cigarette retailers in Davis County buy their products from out-of-county distributors, Garrett said, it was making it difficult for those retailers to meet specific county regulations regarding labeling, where Davis County is one of the few counties with such specific labeling regulations in place.

Garrett said labeling of the e-juice product, however, is still required, it is just the exact wording on the label that has been amended. The e-juice containers are also still to be child proof.

“I prefer we have standardized units, but we are not there yet,” Garrett said of the Legislature at some point adopting statewide regulations pertaining to electronic smoking devices.

The health board also agreed to strike from its regulations adopted in February of 2014 the language requiring retailers have information readily available for consumers explaining the difference between mg/mL and percent by volume of nicotine.

The health board also amended 5.3.3 of the regulation to read: “ESDs and E-Liquid shall not be directly accessible to persons under 19 years of age.” The old regulation required the products be placed under the counter.

The only other change made to the regulation was that floors, walls and ceilings in the preparation area of the product be smooth, non-absorbent and easily cleanable. The old regulation had omitted the word “walls.”

A public hearing on the amendments was held Oct. 6, with three facility operators attending the hearing, but none of them offering any public comment on the proposed changes.


Source: http://www.standard.net/Government/2014/11/27/Davis-Health-Board-loosens-its-e-cigarette-regulations.html