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Nicotine is an acute hazardous waste. Lithium ion batteries are a hazardous and universal waste that pose fire and safety hazards.
Under Utah law, both nicotine and lithium ion batteries must be properly disposed of as hazardous waste.
Forms & Resources
Liquid nicotine cannot go down the drain, toilet or other sewer drains.
Cartridges or pods, used or unused, cannot be thrown in the garbage.
Retailer Requirements
Regulations Impacting Tobacco Retailers & Resulting In Increased Waste
The U.S. Food and Drug Administration (FDA) Deeming Rule
The Tobacco Control Act and “Deeming Rule” requires electronic cigarette manufacturers to apply to the FDA for authorization to sell their products. They must receive an affirmative marketing order from the FDA in order to continue to sell their products. Products that do not receive an affirmative marketing order from the FDA must be removed from retailer shelves and disposed of appropriately.
Utah Department of Health (UDOH) Admin. Rule R384-415 – Requirements to Sell Electronic Cigarette Products
UDOH’s Administrative Rule R384-415 requires tobacco retailers to only sell electronic cigarette products that meet the required labeling, nicotine content, packaging, and product quality requirements to be legally sold in Utah. Electronic cigarette products that do not comply with the rule are illegal electronic cigarette products that must be removed from retailer shelves and disposed of appropriately.
Determine Requirements That Apply To You
Waste management requirements under state and federal law for E-cigarette retailers depend on the amount of electronic cigarette products (liquid nicotine, cartridges, pods and empty containers that held nicotine liquids) and other acutely hazardous waste generated per month.
Category 1 Requirements
Generates LESS than or equal to 1 kg (2.2 lbs) per month
CATEGORY 2 REQUIREMENTS
Generates MORE than 1 kg (2.2 lbs) per month
Handling E-Cigarette Waste
- Keep a spill kit stocked with binders (sand, diatomaceous earth, sawdust) and gloves nearby.
- Have a Safety Data Sheet for e-liquids available (this can be found via an internet search).
- Using gloves, place the e-liquids, cartridges, and pods in a container that is in good condition and has a lid that can be securely closed. Label the container with the words “Hazardous Waste Nicotine,” and “Danger – Toxic in contact with skin.”
- Keep a log of the amount of waste as it is collected, and make arrangements with a transporter and disposal company to pick up the waste BEFORE you accumulate the max limit (e.g. 1 kg for Category 1 requirements).
- Store lithium ion batteries away from heat and direct sunlight. Prevent terminals from touching by storing each battery in a plastic bag or by covering the terminals.
- Place damaged lithium ion batteries in a plastic bag and then place the bag in an inert material like sand. Lithium ion batteries that have an odor, are discolored, deformed, bulging, or swollen are damaged and have the potential to catch fire when they absorb moisture.
Properly Collect Battery Waste
All lithium ion batteries must be managed as either a hazardous waste, like nicotine waste, or sent to a universal waste handler or destination facility.
Universal waste batteries can only be accumulated for up to a year, so be sure to keep track of when the batteries began accumulating by marking the start date on the container.
Store waste batteries in a container with a lid that can be securely closed. Label the container with the words “Universal waste batteries,” “Waste batteries,” or “Used batteries.”
School Requirements
Determine Requirements That Apply To You
Based on the amount of confiscated electronic cigarette products (liquid nicotine, cartridges, pods and empty containers that held nicotine liquids), your school will be classified under state and federal law as either:
Category 1 Requirements
Generates LESS than or equal to 1 kg (2.2 lbs) per month
CATEGORY 2 REQUIREMENTS
Generates MORE than 1 kg (2.2 lbs) per month
Handling E-Cigarette Waste
- Keep a spill kit stocked with binders (sand, diatomaceous earth, sawdust) and gloves nearby.
- Have a Safety Data Sheet for e-liquids available (this can be found via an internet search).
- Using gloves, place the e-liquids, cartridges, and pods in a container that is in good condition and has a lid that can be securely closed. Label the container with the words “Hazardous Waste Nicotine,” and “Danger – Toxic in contact with skin.”
- Keep a log of the amount of waste as it is collected, and make arrangements with a transporter and disposal company to pick up the waste BEFORE you accumulate the max limit (e.g. 1 kg for Category 1 requirements).
- Store lithium ion batteries away from heat and direct sunlight. Prevent terminals from touching by storing each battery in a plastic bag or by covering the terminals.
- Place damaged lithium ion batteries in a plastic bag and then place the bag in an inert material like sand. Lithium ion batteries that have an odor, are discolored, deformed, bulging, or swollen are damaged and have the potential to catch fire when they absorb moisture.
Properly Collect Battery Waste
All lithium ion batteries must be managed as either a hazardous waste, like nicotine waste, or sent to a universal waste handler or destination facility.
Universal waste batteries can only be accumulated for up to a year, so be sure to keep track of when the batteries began accumulating by marking the start date on the container.
Store waste batteries in a container with a lid that can be securely closed. Label the container with the words “Universal waste batteries,” “Waste batteries,” or “Used batteries.”
Tools to Manage & Measure E-Cig Waste
Print Labels
E-cigarette waste container labels for retailers and schools are available to print and tape onto containers used to collect E-cigarette waste.
Track & Calculate
A printable tracking sheet and two online calculators are available to assist with E-cigarette nicotine waste tracking and to determine the weight of nicotine waste accumulated. These tools will help ensure proper measurement of monthly E-cig waste amounts and help the user determine when running totals go above the regulatory storage limits.
We recommend printing the tracking sheet and placing it next to the containers used to accumulate E-cigarettes.
Questions? Contact Us
- Utah Division of Waste Management & Radiation Control
(801) 536-0200 - Judy Moran (jmoran@utah.gov)
(385) 499-0184 - Deborah Ng (dng@utah.gov)
(385) 499-0837