Terms Used In Utah Code > Title 76 > Chapter 10 > Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents

• Alternative nicotine product: includes :
            (1)(b)(i) pure nicotine;
            (1)(b)(ii) snortable nicotine;
            (1)(b)(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
            (1)(b)(iv) nicotine-laced food and beverage. See Utah Code 76-10-101
• Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette. See Utah Code 76-10-101
• 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
• Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101
• Flavored electronic cigarette product: includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint. See Utah Code 76-10-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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
• 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
• Nontherapeutic nicotine device: includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray. See Utah Code 76-10-101
• Nontherapeutic nicotine device substance: means a substance that:
       (11)(a) contains nicotine;
       (11)(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
       (11)(c) is not purchased with a prescription from a licensed physician; and
       (11)(d) is not approved by the United States Food and Drug Administration as nicotine replacement therapy. See Utah Code 76-10-101
• Nontherapeutic nicotine product: means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device. 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
• Place of business: includes :
       (13)(a) a shop;
       (13)(b) a store;
       (13)(c) a factory;
       (13)(d) a public garage;
       (13)(e) an office;
       (13)(f) a theater;
       (13)(g) a recreation hall;
       (13)(h) a dance hall;
       (13)(i) a poolroom;
       (13)(j) a cafe;
       (13)(k) a cafeteria;
       (13)(l) a cabaret;
       (13)(m) a restaurant;
       (13)(n) a hotel;
       (13)(o) a lodging house;
       (13)(p) a streetcar;
       (13)(q) a bus;
       (13)(r) an interurban or railway passenger coach;
       (13)(s) a waiting room; and
       (13)(t) any other place of business. See Utah Code 76-10-101
• Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
• Prefilled electronic cigarette: means an electronic cigarette that is sold prefilled with an electronic cigarette substance. See Utah Code 76-10-101
• Prefilled nontherapeutic nicotine device: means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance. See Utah Code 76-10-101
• Premarket authorized or pending electronic cigarette product: means an electronic cigarette product that:
       (16)(a)

            (16)(a)(i) has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under Utah Code 76-10-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Retail tobacco specialty business: means the same as that term is defined in Section 26B-7-501. See Utah Code 76-10-101
• Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101
• 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
• Statute: A law passed by a legislature.
• Tobacco paraphernalia: includes :
            (19)(b)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
            (19)(b)(ii) water pipes;
            (19)(b)(iii) carburetion tubes and devices;
            (19)(b)(iv) smoking and carburetion masks;
            (19)(b)(v) roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;
            (19)(b)(vi) chamber pipes;
            (19)(b)(vii) carburetor pipes;
            (19)(b)(viii) electric pipes;
            (19)(b)(ix) air-driven pipes;
            (19)(b)(x) chillums;
            (19)(b)(xi) bongs; and
            (19)(b)(xii) ice pipes or chillers. 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 Section 26B-7-501; or
       (21)(b) a retail tobacco specialty business. See Utah Code 76-10-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5