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Local health departments would have more power to control smoke shops and e-cigarette shops — instead of relying on the state for enforcement — under legislation OK'd by the Utah House.

Members voted 61-1 Tuesday for HB370 and sent it to the Senate.

Rep. Brad Last, R-Hurricane, said his bill would require smoke or vape shops to obtain licenses from local health departments — besides the tobacco licenses they already must obtain from the Utah Tax Commission, and business licenses from local cities.

Health departments have found it difficult to enforce some laws, such as preventing sales to minors or requiring that shops not be located near schools or churches, Last said.

He added that health departments now essentially must go to the state Tax Commission and ask that it enforce violations.

The new license would give health departments more direct enforcement power. Last said HB370 would allow the Tax Commission to oversee tax issues and the health departments to enforce health issues.

In committee, HB370 was supported by one vaping industry group — the Smoke-Free Alternatives Trade Association — but opposed by another, the Utah Smokefree Association.

Tad Jensen, president of the Utah Smokefree Association, said the bill would not provide any recourse if a local health department denied a license. He also objected that the bill would change legal definitions to include vaping e-cigarettes as "smoking." He said, "Vaping is not smoking," because vaping products do not burn.