| Important
Update: |
|
On March 21,
2000 the U.S. Supreme Court ruled that the FDA does
not have authority to regulate tobacco. Therefore, all
FDA-specific activities in Utah ceased. This ruling does
not affect current state statutes that prohibit the
illegal sell of tobacco to persons under age 19.
It also does not impact state statutes that impose civil monetary
or tobacco license revocation penalties on license holders.
The
following information is provided for historical and
reference purposes only.
For
information about current state laws related to tobacco
visitors can go to the tobacco laws section of
the web site: Utah Tobacco
Laws .
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| Purpose |
|
In
1996, the federal government determined that nicotine
is a drug and that cigarettes and smokeless tobacco
are drug delivery systems. It also issued regulations
to curb youth tobacco use.
A number of regulations were originally passed but as
of March 15, 2000 only the two listed below are currently
in effect. This information will be updated as litigational
actions are completed or other changes occur.
|
| Regulations |
As
per 21 CFR Part 897.14 (a) and (b), the following regulations
have been effective since
February 28, 1997:
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|
|
Prohibit
retailers from selling cigarettes or smokeless tobaccoto
persons under the age of 18 (Utah has an exemption
for its current age of 19). |
|
|
Require
retailers to check photographic IDs of purchasers 26
and younger for proof of age.
|
| Penalties
for Non-Compliance |
| The
Utah Department of Health Tobacco Prevention and Control
Program coordinates a statewide compliance check
program to verify and promote retailer conform with current
Food and Drug Administration regulations. The penalties
are assessed to the store owner, not the clerk who
sold. (The person who sells is subject to criminal penalties
of state laws regarding the illegal sale of tobacco
to an underage person).
Violators
are subject to civil monetary penalties ranging
from $250 to $10,000. Amounts are dependent on
how many violations have occurred in a 36 month window.
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