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Can I sell products or services online without violating e-commerce laws in Utah? What are the requirements?

Selling Products or Services Online in Utah

To sell products or services online in Utah, you must comply with general business laws and regulations, such as licensing requirements and consumer protection laws [5.1].

There are no specific e-commerce laws in Utah that prohibit selling products or services online, except for the Utah E-Commerce Integrity Act [1.1]. The act requires licensure for physicians, online contract pharmacies, and internet facilitators to engage in the delivery of online pharmaceutical services [2.2]. Additionally, drugs approved for online prescribing, dispensing, and facilitation must meet certain requirements [2.3].

If you are not selling pharmaceuticals, you do not need to comply with the Utah E-Commerce Integrity Act. However, you must still comply with general business laws and regulations.

Requirements for Licensure

If you are selling pharmaceuticals online, you must comply with the Utah E-Commerce Integrity Act and related regulations. The act requires licensure for online prescribers, online contract pharmacies, and internet facilitators [2.1].

To obtain licensure as an online prescriber, you must meet certain qualifications, such as holding an active and in good standing Utah license that authorizes you to engage in the assessment, diagnosis, and treatment of human ailments and the prescription of medications [2.1]. You must also submit an application, pay a fee, and demonstrate that your proposed online assessment, diagnosis, and prescribing tool does not compromise the public’s health, safety, or welfare [2.1].

To obtain licensure as an online contract pharmacy, you must be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class B Closed Door Pharmacy, submit a written application, pay a fee, and submit proof of liability insurance [2.1].

To obtain licensure as an internet facilitator, you must submit a written application, pay a fee, and submit written policies and procedures that address patient privacy and compliance with all applicable laws [2.1].

Exemptions

Utah’s consumer protection laws do not apply to certain acts or practices required or specifically permitted by federal or state law, publishers, broadcasters, printers, or other persons engaged in the dissemination of information or the reproduction of printed or pictorial matter, claims for personal injury or death or claims for damage to property other than the property that is the subject of the consumer transaction, credit terms of a transaction otherwise subject to the law, or any public utility subject to the regulating jurisdiction of the Public Service Commission of the state of Utah [4.1].

Conclusion

To ensure compliance with all applicable laws and regulations, it is recommended that you consult with a legal professional. In summary, to sell products or services online in Utah, you must comply with general business laws and regulations, and if you are selling pharmaceuticals, you must comply with the Utah E-Commerce Integrity Act and related regulations.

Source(s):
Jurisdiction

Utah