Utah Code 76-10-105.1. Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product — Minors not allowed in tobacco specialty shop — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-105.1
- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:(3)(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or(3)(b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Electronic cigarette: includes an oral device that is:
(4)(b)(i) composed of a heating element, battery, or electronic circuit; and(4)(b)(ii) marketed, manufactured, distributed, or sold as:(4)(b)(ii)(A) an e-cigarette;(4)(b)(ii)(B) an e-cigar;(4)(b)(ii)(C) an e-pipe; or(4)(b)(ii)(D) any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101- Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101
- Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Retail tobacco specialty business: means the same as that term is defined in Section
26B-7-501 . See Utah Code 76-10-101- Tobacco product: means :
(20)(a) a cigar;(20)(b) a cigarette; or(20)(c) tobacco in any form, including:(20)(c)(i) chewing tobacco; and(20)(c)(ii) any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101(1)(a)(1)(a)(i) “Face-to-face exchange” means a transaction made in person between an individual and a retailer or retailer’s employee.(1)(a)(ii) “Face-to-face exchange” does not include a sale through a:(1)(a)(ii)(A) vending machine; or(1)(a)(ii)(B) self-service display.(1)(b) “Retailer” means a person who:(1)(b)(i) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or(1)(b)(ii) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.(1)(c) “Self-service display” means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer’s employee.(2) Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic cigarette product, or a nicotine product only in a face-to-face exchange.(3) The face-to-face sale requirement in Subsection (2) does not apply to:(3)(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;(3)(b) a sale from a vending machine or self-service display that is located in an area of a retailer’s facility:(3)(b)(i) that is distinct and separate from the rest of the facility; and(3)(b)(ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or(3)(c) a sale at a retail tobacco specialty business.(4) An individual who is under 21 years old may not enter or be present at a retail tobacco specialty business unless the individual is:(4)(a) accompanied by a parent or legal guardian; or(4)(b)(4)(b)(i) present at the retail tobacco specialty business solely for the purpose of providing a service to the retail tobacco specialty business, including making a delivery;(4)(b)(ii) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and(4)(b)(iii) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i).(5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual into an area described in Subsection (3)(b) or into a retail tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.(6) A violation of Subsection (2) or (4) is a:(6)(a) class C misdemeanor on the first offense;(6)(b) class B misdemeanor on the second offense; and(6)(c) class A misdemeanor on any subsequent offenses.(7) An individual who violates Subsection (5) is guilty of an offense under Section 76-10-104.