Utah Code 59-14-210. Prohibited sales of cigarettes
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(1) Except as provided in Subsection (3) , a person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes:
Terms Used In Utah Code 59-14-210
- 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
- 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. 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
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) in a package which:
(1)(a)(i) bears a statement, label, stamp, sticker, or other notice that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including the following and similar notices:
(1)(a)(i)(A) “For Export Only”;
(1)(a)(i)(B) “U.S. Tax-Exempt”; and
(1)(a)(i)(C) “For Use Outside the U.S.”; or
(1)(a)(ii) does not comply with federal law, including 15 U.S.C. § 1333 of the Federal Cigarette Labeling and Advertising Act, regarding warning labels and other package information;
(1)(b) imported to the United States in violation of 26 U.S.C. § 5754;
(1)(c) the licensee knows or has reason to know were not manufactured for sale, distribution, or use in the United States;
(1)(d) for which a list of added ingredients has not been submitted to the federal Department of Health and Human Services pursuant to 15 U.S.C. § 1335a of the Federal Cigarette Labeling and Advertising Act; or
(1)(e) known by the licensee to be otherwise in violation of other related federal law.
(2) A person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes of a tobacco product manufacturer that is prohibited from selling cigarettes to consumers within the state under Subsection 59-22-203(3)(c) .
(3) Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. § 1555(b) and any implementing regulations unless the cigarettes are brought back into the customs territory for resale within the customs territory.