As used in this chapter:

(1) “Alternative nicotine product” means the same as that term is defined in Section 76-10-101.

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Terms Used In Utah Code 59-14-102

  • Cigarette: means a roll made wholly or in part of tobacco:
         (2)(a) regardless of:
              (2)(a)(i) the size of the roll;
              (2)(a)(ii) the shape of the roll;
              (2)(a)(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or
              (2)(a)(iv) whether the tobacco is heated or burned; and
         (2)(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102
  • Cigarette rolling machine: means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes. See Utah Code 59-14-102
  • Cigarette rolling machine operator: means a person who:
         (4)(a)
              (4)(a)(i) controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and
              (4)(a)(ii) makes the cigarette rolling machine available for use by another person to produce a cigarette; or
         (4)(b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine. See Utah Code 59-14-102
  • Consumer: means a person that is not required:
         (5)(a) under Section 59-14-201 to obtain a license under Section 59-14-202;
         (5)(b) under Section 59-14-301 to obtain a license under Section 59-14-202; or
         (5)(c) to obtain a license under Section 59-14-803. See Utah Code 59-14-102
  • Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Little cigar: means a roll for smoking that:
         (12)(a) is made wholly or in part of tobacco;
         (12)(b) uses an integrated cellulose acetate filter or other similar filter; and
         (12)(c) is wrapped in a substance:
              (12)(c)(i) containing tobacco; and
              (12)(c)(ii) that is not exclusively natural leaf tobacco. See Utah Code 59-14-102
  • Moist snuff: means tobacco that:
         (14)(a) is finely cut, ground, or powdered;
         (14)(b) has at least 45% moisture content, as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
         (14)(c) is not intended to be:
              (14)(c)(i) smoked; or
              (14)(c)(ii) placed in the nasal cavity; and
         (14)(d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or distributed in single-use units, including:
              (14)(d)(i) tablets;
              (14)(d)(ii) lozenges;
              (14)(d)(iii) strips;
              (14)(d)(iv) sticks; or
              (14)(d)(v) packages containing multiple single-use units. See Utah Code 59-14-102
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Retailer: means a person that:
         (22)(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or
         (22)(b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state. See Utah Code 59-14-102
  • Stamp: means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205. See Utah Code 59-14-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Tobacco product: includes :
              (24)(b)(i) a cigarette produced from a cigarette rolling machine;
              (24)(b)(ii) a little cigar; or
              (24)(b)(iii) moist snuff. See Utah Code 59-14-102
  • Tribal lands: means land held by the United States in trust for a federally recognized Indian tribe. See Utah Code 59-14-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) “Cigarette” means a roll made wholly or in part of tobacco:

     (2)(a) regardless of:

          (2)(a)(i) the size of the roll;
          (2)(a)(ii) the shape of the roll;
          (2)(a)(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or
          (2)(a)(iv) whether the tobacco is heated or burned; and
     (2)(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco.
(3) “Cigarette rolling machine” means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes.
(4) “Cigarette rolling machine operator” means a person who:

     (4)(a)

          (4)(a)(i) controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and
          (4)(a)(ii) makes the cigarette rolling machine available for use by another person to produce a cigarette; or
     (4)(b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
(5) “Consumer” means a person that is not required:

     (5)(a) under Section 59-14-201 to obtain a license under Section 59-14-202;
     (5)(b) under Section 59-14-301 to obtain a license under Section 59-14-202; or
     (5)(c) to obtain a license under Section 59-14-803.
(6) “Counterfeit cigarette” means:

     (6)(a) a cigarette that has a false manufacturing label; or
     (6)(b) a package of cigarettes bearing a counterfeit tax stamp.
(7)

     (7)(a) “Electronic cigarette” means the same as that term is defined in Section 76-10-101.
     (7)(b) “Electronic cigarette” does not include a cigarette or a tobacco product.
(8) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101.
(9) “Electronic cigarette substance” means the same as that term is defined in Section 76-10-101.
(10) “Importer” means a person that imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution.
(11) “Indian tribal entity” means a federally recognized Indian tribe, tribal entity, or any other person doing business as a distributor or retailer of cigarettes on tribal lands located in the state.
(12) “Little cigar” means a roll for smoking that:

     (12)(a) is made wholly or in part of tobacco;
     (12)(b) uses an integrated cellulose acetate filter or other similar filter; and
     (12)(c) is wrapped in a substance:

          (12)(c)(i) containing tobacco; and
          (12)(c)(ii) that is not exclusively natural leaf tobacco.
(13)

     (13)(a) Except as provided in Subsection (13)(b), “manufacturer” means a person that:

          (13)(a)(i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or
          (13)(a)(ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product.
     (13)(b) “Manufacturer” does not include a cigarette rolling machine operator.
(14) “Moist snuff” means tobacco that:

     (14)(a) is finely cut, ground, or powdered;
     (14)(b) has at least 45% moisture content, as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
     (14)(c) is not intended to be:

          (14)(c)(i) smoked; or
          (14)(c)(ii) placed in the nasal cavity; and
     (14)(d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or distributed in single-use units, including:

          (14)(d)(i) tablets;
          (14)(d)(ii) lozenges;
          (14)(d)(iii) strips;
          (14)(d)(iv) sticks; or
          (14)(d)(v) packages containing multiple single-use units.
(15) “Nicotine” means the same as that term is defined in Section 76-10-101.
(16) “Nicotine product” means the same as that term is defined in Section 76-10-101.
(17) “Nontherapeutic nicotine device” means the same as that term is defined in Section 76-10-101.
(18) “Nontherapeutic nicotine device substance” means the same as that term is defined in Section 76-10-101.
(19) “Nontherapeutic nicotine product” means the same as that term is defined in Section 76-10-101.
(20) “Prefilled electronic cigarette” means the same as that term is defined in Section 76-10-101.
(21) “Prefilled nontherapeutic nicotine device” means the same as that term is defined in Section 76-10-101.
(22) “Retailer” means a person that:

     (22)(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or
     (22)(b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state.
(23) “Stamp” means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205.
(24)

     (24)(a) “Tobacco product” means a product made of, or containing, tobacco.
     (24)(b) “Tobacco product” includes:

          (24)(b)(i) a cigarette produced from a cigarette rolling machine;
          (24)(b)(ii) a little cigar; or
          (24)(b)(iii) moist snuff.
     (24)(c) “Tobacco product” does not include a cigarette.
(25) “Tribal lands” means land held by the United States in trust for a federally recognized Indian tribe.