Utah Code 76-10-114. Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product
Current as of: 2024 | Check for updates
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Other versions
(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 C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-114
- 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
- Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. 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- Tobacco retailer: means :
(21)(a) a general tobacco retailer, as that term is defined in Section26B-7-501 ; or(21)(b) a retail tobacco specialty business. See Utah Code 76-10-101(1)(a) “Compensatory service” means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment.(1)(b) “Employee” means an employee or an owner of a tobacco retailer.(2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco product, an electronic cigarette product, or a nicotine product in the course of business to an individual who is under 21 years old.(3) An employee who violates this section is:(3)(a) on a first violation:(3)(a)(i) guilty of an infraction; and(3)(a)(ii) subject to:(3)(a)(ii)(A) a fine not exceeding $1,000; or(3)(a)(ii)(B) compensatory service;(3)(b) on any subsequent violation:(3)(b)(i) guilty of a class C misdemeanor; and(3)(b)(ii) subject to:(3)(b)(ii)(A) a fine not exceeding $2,000; or(3)(b)(ii)(B) compensatory service.