HB 493

Enrolled Copy  H.B. 493
1Consumer Products Amendments
                                     2026 GENERAL SESSION
                                          STATE OF UTAH
                                    Chief Sponsor: Jake Sawyer
                                    Senate Sponsor: Ann Millner
  Cosponsor:  Candice B. Pierucci
  Kristen Chevrier
2
3  LONG TITLE
4  General Description:
5      This bill addresses provisions related to consumer products.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ establishes a schedule and timeline of civil penalties for a violation of the weights and
10  measures program under the Department of Agriculture and Food;
11      ▸ requires a manufacturer of menstrual products sold in the state to list certain ingredients
12  intentionally added on a label on the packaging of the menstrual product;
13      ▸ authorizes the Division of Consumer Protection to enforce labeling requirements; and
14      ▸ makes technical and conforming changes.
15  Money Appropriated in this Bill:
16      None
17  Other Special Clauses:
18      None
19  Utah Code Sections Affected:
20  AMENDS:
21      4-9-111 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
22      Chapter 345
23      13-2-1 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah
24      2025, Chapters 51, 181, 237, and 269
25      13-2-1 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 468
H.B. 493  Enrolled Copy
26   ENACTS:
2713-82-101 (Effective 05/06/26), Utah Code Annotated 1953
2813-82-201 (Effective 05/06/26), Utah Code Annotated 1953
2913-82-301 (Effective 05/06/26), Utah Code Annotated 1953
30
31   Be it enacted by the Legislature of the state of Utah:
32Section 1. Section 4-9-111 is amended to read:
334-9-111 (Effective 05/06/26). Enforcement powers of department -- Penalties.
34   (1) For the purpose of enforcing this chapter, the department may:
35(a) enter any commercial premises during normal working hours after the presentation of
36credentials;
37(b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or
38measures commercially used or a "stop sale, use, or removal order" with respect to
39any packaged commodity or bulk commodity offered for sale;
40(c) impose a civil penalty for a violation of this chapter, consistent with Subsection (3);
41[(c)] (d) seize as evidence, without formal warrant, any incorrect or unapproved weight,
42measure, package, or commodity offered for sale or sold in violation of this chapter;
43[(d)] (e)(i) seek an order of seizure or condemnation of any weight, measure, package,
44or sale from bulk that violates this chapter; or
45(ii) upon proper grounds, obtain a temporary restraining order or permanent
46injunction to prevent a violation of this chapter; and
47[(e)] (f) stop any commercial vehicle and after presenting credentials:
48(i) inspect [its] the vehicle's contents;
49(ii) require the person in charge of the vehicle to produce any documents in [his] the
50person's possession concerning the contents; or
51(iii) require the person in charge of the vehicle to proceed with the vehicle to some
52specified place for inspection.
53   (2) If an order has been issued under Subsection (1)(b), the weights, measures, or
54commodities subject to the order may not be used, moved, or offered for sale until the
55department issues a written release.
56   (3)(a) A person that violates a provision of this chapter or a rule or order issued under
57the authority of this chapter is subject to:
58(i) for a first violation, a notice of violation by the department;
59(ii) for a second violation, the cost to the department of an inspection;
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60(iii) for a third violation, a civil penalty not to exceed $500 and the cost to the
61department of an inspection;
62(iv) for a fourth violation, a civil penalty not to exceed $1,000 and the cost to the
63department of an inspection;
64(v) for a fifth violation, a civil penalty not to exceed $5,000 and the cost to the
65department of an inspection; and
66(vi) for a sixth or subsequent violation, a civil penalty not to exceed $10,000 and the
67cost to the department of an inspection.
68      (b) The department may not impose a civil penalty described in Subsection (3)(a) for a
69third or subsequent violation sooner than 30 days from the day on which the
70department imposed a previous civil penalty.
71      (c) The department shall deposit a civil penalty collected under this section into the
72General Fund as a dedicated credit to be used by the department for the enforcement
73of this chapter.
74  [(3)] (4) A bond may not be required of the department in any injunctive proceeding brought
75      under this section.
76Section 2. Section 13-2-1 is amended to read:
7713-2-1 (Effective 05/06/26) (Superseded 07/01/26). Consumer protection division
78  established -- Functions.
79  (1) There is established within the Department of Commerce the Division of Consumer
80      Protection.
81  (2) The division shall administer and enforce the following:
82      (a) Chapter 10a, Music Licensing Practices Act;
83      (b) Chapter 11, Utah Consumer Sales Practices Act;
84      (c) Chapter 15, Business Opportunity Disclosure Act;
85      (d) Chapter 20, New Motor Vehicle Warranties Act;
86      (e) Chapter 21, Credit Services Organizations Act;
87      (f) Chapter 22, Charitable Solicitations Act;
88      (g) Chapter 23, Health Spa Services Protection Act;
89      (h) Chapter 25a, Telephone and Facsimile Solicitation Act;
90      (i) Chapter 26, Telephone Fraud Prevention Act;
91      (j) Chapter 28, Prize Notices Regulation Act;
92      (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
93Transaction Information Act;
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94      (l) Chapter 34, Utah Postsecondary School and State Authorization Act;
95      (m) Chapter 41, Price Controls During Emergencies Act;
96      (n) Chapter 42, Uniform Debt-Management Services Act;
97      (o) Chapter 49, Immigration Consultants Registration Act;
98      (p) Chapter 51, Transportation Network Company Registration Act;
99      (q) Chapter 52, Residential Solar Energy Consumer Protection Act;
100      (r) Chapter 53, Residential, Vocational [or] and Life Skills Program Act;
101      (s) Chapter 54, Ticket Website Sales Act;
102      (t) Chapter 56, Ticket Transferability Act;
103      (u) Chapter 57, Maintenance Funding Practices Act;
104      (v) Chapter 61, Utah Consumer Privacy Act;
105      (w) Chapter 64, Vehicle Value Protection Agreement Act;
106      (x) Chapter 65, Utah Commercial Email Act;
107      (y) Chapter 67, Online Dating Safety Act;
108      (z) Chapter 68, Lawyer Referral Consultants Registration Act;
109      (aa) Chapter 70, Automatic Renewal Contracts Act;
110      (bb) Chapter 71, Utah Minor Protection in Social Media Act;
111      (cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;[ and]
112      (dd) Chapter 78, Earned Wage Access Services Act[.] ; and
113      (ee) Chapter 82, Feminine Hygiene Products.
114   (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
115      division may make rules to establish:
116      (a) a public list that identifies a person that:
117(i) violates a chapter described in Subsection (2);
118(ii) without proper legal justification, fails to comply with an order, subpoena,
119judgment, or other legal process issued by:
120(A) the division; or
121(B) a court of competent jurisdiction; or
122(iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance,
123or similar instrument signed by the person and the division; and
124      (b) a process by which a person may be removed from the list the division establishes as
125described in Subsection (3)(a).
126Section 3. Section 13-2-1 is amended to read:
12713-2-1 [(Effective 07/01/26) ] (Effective 05/06/26). Consumer protection division
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128  established -- Functions.
129  (1) There is established within the Department of Commerce the Division of Consumer
130      Protection.
131  (2) The division shall administer and enforce the following:
132      (a) Chapter 10a, Music Licensing Practices Act;
133      (b) Chapter 11, Utah Consumer Sales Practices Act;
134      (c) Chapter 15, Business Opportunity Disclosure Act;
135      (d) Chapter 20, New Motor Vehicle Warranties Act;
136      (e) Chapter 21, Credit Services Organizations Act;
137      (f) Chapter 22, Charitable Solicitations Act;
138      (g) Chapter 23, Health Spa Services Protection Act;
139      (h) Chapter 25a, Telephone and Facsimile Solicitation Act;
140      (i) Chapter 26, Telephone Fraud Prevention Act;
141      (j) Chapter 28, Prize Notices Regulation Act;
142      (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
143Transaction Information Act;
144      (l) Chapter 34, Utah Postsecondary School and State Authorization Act;
145      (m) Chapter 41, Price Controls During Emergencies Act;
146      (n) Chapter 42, Uniform Debt-Management Services Act;
147      (o) Chapter 49, Immigration Consultants Registration Act;
148      (p) Chapter 51, Transportation Network Company Registration Act;
149      (q) Chapter 52, Residential Solar Energy Consumer Protection Act;
150      (r) Chapter 53, Residential, Vocational [or] and Life Skills Program Act;
151      (s) Chapter 54, Ticket Website Sales Act;
152      (t) Chapter 56, Ticket Transferability Act;
153      (u) Chapter 57, Maintenance Funding Practices Act;
154      (v) Chapter 61, Utah Consumer Privacy Act;
155      (w) Chapter 64, Vehicle Value Protection Agreement Act;
156      (x) Chapter 65, Utah Commercial Email Act;
157      (y) Chapter 67, Online Dating Safety Act;
158      (z) Chapter 68, Lawyer Referral Consultants Registration Act;
159      (aa) Chapter 70, Automatic Renewal Contracts Act;
160      (bb) Chapter 71, Utah Minor Protection in Social Media Act;
161      (cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
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162(dd) Chapter 78, Earned Wage Access Services Act;[ and]
163(ee) Chapter 81, Utah Digital Choice Act[.] ; and
164(ff) Chapter 82, Feminine Hygiene Products.
165   (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
166division may make rules to establish:
167(a) a public list that identifies a person that:
168(i) violates a chapter described in Subsection (2);
169(ii) without proper legal justification, fails to comply with an order, subpoena,
170judgment, or other legal process issued by:
171(A) the division; or
172(B) a court of competent jurisdiction; or
173(iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance,
174or similar instrument signed by the person and the division; and
175(b) a process by which a person may be removed from the list the division establishes as
176described in Subsection (3)(a).
177Section 4. Section 13-82-101 is enacted to read:
178CHAPTER 82. Feminine Hygiene Products
179Part 1. General Provisions
18013-82-101 (Effective 05/06/26). Definitions.
181      As used in this section:
182   (1) "Chemical" means:
183(a) lead;
184(b) cadmium;
185(c) arsenic;
186(d) dioxin (2,3,7,8-tetrachlordibenzo-p-dioxin (TCDD)); or
187(e) PFAS.
188   (2)(a) "Confidential business information" means an ingredient intentionally added, or a
189combination of ingredients intentionally added, for which:
190(i) the Administrator of the United States Environmental Protection Agency has
191approved a claim for inclusion on the confidential portion of the Toxic Substances
192Control Act Chemical Substance Inventory in accordance with 15 U.S.C. Sec.
1932607(b); or
194(ii) the manufacturer claims is a trade secret, as that term is defined in Section 13-24-2,
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195in accordance with Title 13, Chapter 24, Uniform Trade Secrets Act.
196      (b) "Confidential business information" does not include a chemical.
197  (3) "Division" means the Division of Consumer Protection established in Section 13-2-1.
198  (4) "Ingredient intentionally added" means a chemical, substance, or combination of
199      substances in a menstrual product that serves a technical or functional purpose in the
200      finished menstrual product.
201  (5) "Manufacturer" means a manufacturer of a menstrual product sold, offered for sale, or
202      distributed in the state.
203  (6) "Menstrual product" means, whether disposable or reusable:
204      (a) a tampon;
205      (b) a sanitary napkin;
206      (c) a menstrual cup; or
207      (d) another similar product designed for hygiene in connection with the human
208menstrual cycle.
209  (7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a substance that is a
210      member of the class of fluorinated organic chemicals containing at least one fully
211      fluorinated carbon atom.
212Section 5. Section 13-82-201 is enacted to read:
213Part 2. Requirements and Prohibited Practices
21413-82-201 (Effective 05/06/26). Feminine hygiene products -- Labeling.
215  (1) Beginning December 1, 2027, a manufacturer shall include a label on the package of the
216      menstrual product manufactured on or after December 1, 2027, that lists each ingredient
217      intentionally added.
218  (2)(a) The label described in Subsection (1) shall:
219(i) except as provided in Subsection (2)(b), list each ingredient intentionally added in
220order of predominance by weight as a percentage of the weight of the menstrual
221product;
222(ii) be in a conspicuous location on the outside packaging of the menstrual product;
223and
224(iii) be in legible type.
225      (b) If the weight of an ingredient intentionally added is less than 1% of the weight of the
226menstrual product, the ingredient intentionally added may be listed in any order
227following the other ingredients intentionally added listed as described in Subsection
228(2)(a).
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229   (3) Reasonable variations in the amount of an ingredient intentionally added in a menstrual
230product listed on the label as described in Subsection (2) is permitted.
231   (4) Nothing in this section prohibits a manufacturer from using technology, including a link
232to an internet website, to provide the information required under Subsections (1) and (2).
233   (5)(a) This section may not be construed to require a manufacturer to disclose
234confidential business information on the package of a menstrual product or on the
235manufacturer's website.
236(b) If an ingredient intentionally added is confidential business information, the
237ingredient intentionally added may be listed as described in this section by the
238common name of the ingredient intentionally added.
239   (6) A manufacturer shall revise the list required under Subsection (1) no later than:
240(a) for a label on the package of a menstrual product, 18 months after the day on which
241an intentionally added ingredient is added or changed in the menstrual product; or
242(b) for a list of intentionally added ingredients using technology as described in
243Subsection (4), 6 months after the day on which an intentionally added ingredient is
244added or changed in the menstrual product.
245Section 6. Section 13-82-301 is enacted to read:
246Part 3. Enforcement
24713-82-301 (Effective 05/06/26). Administration and enforcement -- Powers --
248   Legal counsel -- Fees.
249   (1) The division shall administer and enforce the provisions of this chapter in accordance
250with Chapter 2, Division of Consumer Protection.
251   (2)(a) In addition to the division's enforcement powers under Chapter 2, Division of
252Consumer Protection:
253(i) the division director may impose an administrative fine of up to $2,500 for each
254violation of this chapter; and
255(ii) the division may bring an action in a court of competent jurisdiction to enforce a
256provision of this chapter.
257(b) In a court action by the division to enforce a provision of this chapter, the court may:
258(i) declare that an act or practice violates a provision of this chapter;
259(ii) issue an injunction for a violation of this chapter;
260(iii) impose a fine of up to $2,500 for each violation of this chapter; or
261(iv) award any other relief that the court deems reasonable and necessary.
262   (3) If a court of competent jurisdiction grants judgment or injunctive relief to the division,
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263      the court shall award the division:
264      (a) reasonable attorney fees;
265      (b) court costs; and
266      (c) investigative fees.
267  (4)(a) A person who violates an administrative or court order issued for a violation of
268      this chapter is subject to a civil penalty of no more than $5,000 for each violation.
269      (b) A civil penalty authorized under this section may be imposed in any civil action
270brought by the division.
271  (5) All money received for the payment of a fine or civil penalty imposed under this section
272      shall be deposited into the Consumer Protection Education and Training Fund created in
273      Section 13-2-8.
274Section 7. Effective Date.
275  This bill takes effect on May 6, 2026.
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