1. (a) To request placement of a Brand Style on the UTL, Certifying User for the Applicant shall submit a UTL application using the UTL application form on the Attorney General's UTL web portal. The UTL application cannot be submitted for a Brand Style until a product form or variant form for the Brand Style has been completed and submitted as detailed in Sections 945 and 946. UTL applications may be submitted at any time.

2. (b) To complete the UTL application form, the following information shall be provided:

   1. (1) The Brand Style(s) requested to be placed on the UTL;
   2. (2) A certification that no Brand Style requested to be placed on the UTL has a Characterizing Flavor;
   3. (3) A waiver of any sovereign immunity defense that may apply in an action to enforce the provisions of Health and Safety Code section 104559.1 or to enforce regulations adopted under Health and Safety Code section 104559.1;
   4. (4) Consent to the jurisdiction of the California courts for the purpose of enforcement of Health and Safety Code section 104559.1 and for enforcement of regulations adopted under Health and Safety Code section 104559.1; and
   5. (5) Confirmation that a sample of each Brand Style (including, as appropriate, the Carton or Roll for the Brand Style) will be shipped with a packing slip to the address and contact provided in the instructions on the UTL application. The packing slip is provided upon submission of a UTL application. A sample is required for every Brand Style unless the Brand Style is a Variant of a Predicate Brand Style for which a UTL application has been submitted under this section. The sample must include the largest packaging unit of the Brand Style marketed for retail sale, generally meaning the Carton or Roll, if applicable, in assembled packaging (not flat packed). The sample must also include the consumable Tobacco Product in the smallest packaging unit marketed for retail sale included on the product form. For example, an Applicant may satisfy the sample requirement by providing (1) an exemplar of the Tobacco Product in the smallest packaging unit marketed for retail sale and an empty, assembled version of its largest packaging unit (e.g., a pack of cigarettes and the empty, assembled carton for those cigarette packs satisfies the sample requirement for the pack and the carton), (2) the largest packaging unit (e.g., a sample carton containing 10 packs of cigarettes satisfies the sample requirement for the carton and the pack), or (3) if no Carton or Roll is identified on the form, the full packaging unit identified on the form. A UTL application is not considered complete until the required sample is received by the Attorney General.
3. (c) An Applicant, through a Certifying User, must certify under penalty of perjury that the statements in the UTL application and associated product form or variant form of each Brand Style requested to be placed on the UTL are true and correct. If the Attorney General deems information submitted about a Brand Style in a UTL application or associated product form or variant form to be intentionally false, the Attorney General shall decline to list the Brand Style on the UTL or initiate removal of the Brand Style under Section 950.
4. (d) Payment of the required applicable fees must be made through the online payment system in the amount designated by Section 954 to complete the submission of the UTL application form. Upon a showing of good cause, the Attorney General may permit exceptions from use of the online payment system. For example, good cause may be found when the Applicant demonstrates that they lack access to the online payment system due to lack of necessary technology or internet connectivity.
5. (e) A completed UTL application must be submitted and approved for each Brand Style, even if similar Brand Styles are listed on the UTL. A Brand Style that has not been approved through a UTL application is a flavored Tobacco Product under Health and Safety section 104559.1, subdivision (g).
6. (f) The Attorney General will respond within ninety (90) days of the submission of a complete UTL application. A response will be an approval, a denial, or a request for additional information under Section 949.

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.

History

1. New section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 5-21-2026 order, including amendment of subsections (b)(5) and (f) and repealer of subsection (g), transmitted to OAL 5-7-2026 and filed 6-19-2026; amendments effective 6-19-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 25).