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Utah
Tobacco Laws
At-A-Glance |
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*Full Text Version of Select Utah Tobacco Laws
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| 76-10-104.
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Furnishing
cigars, cigarettes, or tobacco to minors-Penalties
Any person who sells, gives, or furnishes any cigar, cigarette,
or tobacco in any form, to any person under 19 years of
age, is guilty of a class C misdemeanor on the first offense,
a class B misdemeanor on the second offense, and a class
A misdemeanor on subsequent offenses.
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| 76-10-105.
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Buying
or possessing cigars, cigarettes, or tobacco by minors
-- Penalty -- Compliance officer authority -- Juvenile
court jurisdiction. |
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| (1) |
Any
18 year old person who buys or attempts to buy,
accepts, or has in his possession any cigar, cigarette,
or tobacco in any form is guilty of a class C misdemeanor
and subject to: |
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(a) |
a
minimum fine or penalty of $60; and |
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(b) |
participation
in a court-approved tobacco education program, which
may include a participation fee. |
| (2) |
Any
person under the age of 18 who buys or attempts
to buy, accepts, or has in his possession any cigar,
cigarette, or tobacco in any form is subject to
the jurisdiction of the Juvenile Court and: |
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(a) |
a
minimum fine or penalty of $60; and |
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(b) |
participation
in a court-approved tobacco education program, which
may include a participation fee. |
| (3) |
A
compliance officer appointed by a board of education
under Section 53A-3-402 may issue citations for
violations of this section committed on school property.
Cited violations shall be reported to the appropriate
juvenile court.
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| 26-42-101
to 107 |
Civil
penalties for tobacco sales to underage persons |
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| 26-42-101.
Title. |
| This
chapter is known as "Civil Penalties for Tobacco
Sales to Underage Persons." |
| 26-42-102.
Definitions. |
| As
used in this chapter: |
| (1) |
"Commission"
means the Utah State Tax Commission. |
| (2) |
"Employee"
means an employee of a licensee |
| (3)
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"Enforcing
agency" means the state Department of Health,
or any local
health department enforcing the provisions of this
chapter |
| (4) |
"Licensee"
means a person licensed: |
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(a) |
under Section 59-14-201 to sell cigarettes at retail;
or |
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(b)
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under Section 59-14-301 to sell tobacco products
at retail. |
| (5) |
"License
to sell tobacco" or "license" means
a license issued: |
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(a) |
under Section 59-14-201 to sell cigarettes at retail;
or |
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(b) |
under Section 59-14-301 to sell tobacco products
at retail. |
| (6) |
"Tobacco"
means cigarettes or tobacco products as defined
in Section
59-14-102. |
26-42-103.
Violations and penalties -- Imposition by enforcing
agency
and tax commission. |
| (1) |
If, following an investigation or issuance of a
citation or information
under Section 77-39-101, an enforcing agency determines
under Section
26-42-104 that a licensee or any employee has sold
tobacco to a person
younger than 19 years of age, as prohibited by Section
76-10-104, the
enforcing agency may impose upon the licensee the
following
administrative penalties:
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(a) |
upon the first violation, a penalty of not more
than $300; |
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(b) |
upon a second violation at the same retail location,
and within
12 months of the first violation, a penalty of not
more than $750; and |
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(c) |
upon a third or subsequent violation at the same
retail location and
within 12 months of the first violation, a penalty
of not more than
$1,000 |
| (2) |
The enforcing agency shall notify the commission
in writing of any order
or order of default finding a violation of Subsection
(1) which is a third
or fourth violation. |
| (3) |
The commission, upon receipt of the written notification
under
Subsection (2),shall take action under Section 59-14-203.5
or
59-14-301.5 against the license to sell tobacco: |
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(a)
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by
suspending the licensee's license to sell tobacco
at that location
for not more than 30 days, upon receipt of notification
of a third
violation under Subsection (1)(c); and |
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(b) |
by revoking the license to sell tobacco at that
location held by the
licensee, including any license under suspension,
upon receipt of
notification of a fourth violation under Subsection
(1)(c). |
| (4) |
When the commission revokes a license under Subsection
(3)(b), the
commission may not issue to the licensee, or to
the business entity using
the license that is revoked, a license under Section
59-14-201 or
59-14-301 to sell tobacco at the location for which
the license was
issued for one year after the date of the violation
for which the license
was revoked. |
| (5) |
This section does not prevent any bona fide purchaser
of the business,
who is not a sole proprietor, director, corporate
officer, or partner
or other holder of significant interest in the entity
selling the business,
from immediately applying for and obtaining a license
to sell tobacco. |
| 26-42-104.
Enforcement by state and local health departments. |
The
state Department of Health and the local health
departments shall
enforce this chapter under the procedures of Title
63, Chapter 46b,
Administrative Procedures Act, as an informal adjudicative
proceeding
including: |
| (1) |
notifying licensees of alleged violations of Section
26-42-103; |
| (2) |
conducting
hearings; |
| (3) |
determining violations of this chapter; and |
| (4) |
imposing civil monetary administrative penalties |
| 26-42-105.
Hearing -- Evidence of criminal conviction. |
| (1) |
At a civil hearing conducted under Section 26-42-104,
evidence of the
final criminal conviction of a licensee or employee
for violation of
Section 76-10-104 at the same location and within
the same time period
as the location and time period alleged in the civil
hearing for violation
of Section 26-42-103 is prima facie evidence of
a violation of Section
26-42-103. |
| (2)
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If
the licensee has been convicted of violating Section
76-10-104 prior to
a finding of a violation of Section 26-42-103, the
licensee may not be
assessed a monetary penalty under this chapter for
the same offense for
which the conviction was obtained |
| 26-42-106.
Recognition of licensee's training program. |
| (1) |
In determining the amount of the monetary penalty
to be imposed for
an employee's violation of Section 26-42-103, the
hearing officer shall
reduce the penalty by at least 50% if he determines: |
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(a) |
the licensee has implemented a documented employee
training
program; and |
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(b) |
the employee has completed that training program
within 30 days of
commencing duties of selling tobacco products. |
| (2) |
(a) |
If the hearing officer determines under Subsection
(1), regarding a
first offense at a location, that the licensee has
not implemented a
documented training program with a written curriculum
for
employees at that location regarding compliance
with this chapter,
the hearing officer may suspend all or a portion
of the monetary
penalty, contingent upon the licensee's initiating
a training program
for employees at that location within 30 days after
the hearing date. |
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(b)
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If
the hearing officer determines at a subsequent hearing
that the
licensee has not implemented the training program
within the time
period required under Subsection (2)(a), the suspended
monetary
penalty shall be promptly imposed, unless the licensee
demonstrates
good cause for granting an extension of time for
implementation of
the training program. |
| 26-42-107.
Allocation of civil penalties. |
Civil
monetary penalties collected under this chapter
shall be allocated as
follows: |
| (1) |
if a local health department conducts an adjudicative
proceeding
under Section 26-42-104, the penalty shall be paid
to the treasurer of
the county in which the violation was committed,
and transferred to: |
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(a) |
the local health department if it conducts a civil
hearing under
Section 26-42-104 alone; or |
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(b)
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in
equal portions to the local health department and
the other
agencies that participated in the hearing process; |
| (2) |
if the state Department of Health conducts a civil
hearing under Section
26-42-104, the penalty shall be deposited in the
state's General Fund,
and may be appropriated by the Legislature to the
state Department of
Health for use in enforcement of this chapter; and |
| (3) |
if the civil penalty involves suspension or revocation
of a license to sell
tobacco under Section 59-14-203.5 or 59-14-301.5,
half of the penalty
shall be paid to the commission, and the other half
shall be allocated
under Subsection (1) or (2), as appropriate. |
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| 59-14-201. |
| 59-14-201.
License -- Fee -- Bond -- Exceptions. |
| (1)
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It
is unlawful for any person in this state to manufacture,
import, distribute, barter, sell, exchange, or offer
cigarettes for sale without first having obtained
a license issued by the commission under Section
59-14-202. |
| (2)
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(a)
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A
license may not be issued for the sale of cigarettes
until the applicant has paid a license fee of $30
or a license renewal fee of $20, as appropriate. |
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(b) |
The fee for reinstatement of a license that has
been revoked, suspended, or allowed to expire is
$30. |
| (3)
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(a) |
A license may not be issued until the applicant
files a bond with the commission. The commission
shall determine the form and the amount of the bond,
the minimum amount of which shall be $500. The bond
shall be executed by the applicant as principal,
with a corporate surety, payable to the state and
conditioned upon the faithful performance of all
the requirements of this chapter, including the
payment of all taxes, penalties, and other obligations. |
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(b) |
Applicants are not required to post a bond who: |
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(i) |
purchase during the license year only products which
have the proper state stamp affixed as required
by this chapter; and |
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(ii) |
file an affidavit with their application attesting
to this fact. |
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| 76-10-103. |
Permitting
minors to use tobacco in place of business.
It is a class C misdemeanor for the proprietor of any
place of business to
knowingly permit persons under age nineteen to frequent
a place of business
while they are using tobacco.
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| 76-10-105.1. |
| Requirement
of direct, face-to-face sale of tobacco products. |
| (1) |
As used in this section: |
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(a)
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(i)
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"Cigarette"
means any product which contains nicotine, is intended
to be burned under ordinary conditions of use, and
consists of: |
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(A) |
any roll of tobacco wrapped in paper or in any substance
not
containing tobacco; or |
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(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
(1)(a)(i). |
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(ii) |
"Cigarette"
does not include a standard 60 carton case. |
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(b) |
"Cigarette
tobacco" means any product that consists of
loose tobacco
that contains or delivers nicotine and is intended
for use by consumers
in a cigarette. Unless otherwise stated, the requirements
pertaining to
cigarettes shall also apply to cigarette tobacco. |
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(c)
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"Retailer" means any person who sells
cigarettes or smokeless tobacco
to individuals for personal consumption or who operates
a facility
where vending machines or self-service displays
are permitted under
this section. |
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(d) |
"Self-service
display" means any display of cigarettes or
smokeless
tobacco products to which the public has access
without the
intervention of a retail employee. |
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(e)
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"Smokeless
tobacco" means any product that consists of
cut, ground,
powdered, or leaf tobacco that contains nicotine
and that is intended
to be placed in the oral cavity. "Smokeless
tobacco" does not include
multi-container packs of smokeless tobacco. |
| (2) |
(a)
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Except as provided in Subsection (3), a retailer
may sell cigarettes and
smokeless tobacco only in a direct, face-to-face
exchange between the
retailer and the consumer. Examples of methods that
are not permitted
include vending machines and self-service displays. |
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(b)
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Subsection
(2)(a) does not prohibit the use or display of locked
cabinets containing cigarettes or smokeless tobacco
if the locked
cabinets are only accessible to the retailer or
its employees. |
| (3)
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The
following sales are permitted as exceptions to Subsection
(2): |
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(a) |
mail-order sales, excluding mail-order redemption
of coupons and
distribution of free samples through the mail; and |
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(b) |
vending machines, including vending machines that
sell packaged,
single cigarettes, and self-service displays that
are located in a
separate and defined area within a facility where
the retailer ensures
that no person younger than under 19 years of age
is present, or
permitted to enter, at any time, unless accompanied
by a parent
or legal guardian. |
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(4)
Any ordinance, regulation, or rule adopted by the
governing body of a
political subdivision or state agency that affects
the sale, placement, or
display of cigarettes or smokeless tobacco that
is not essentially identical
to the provisions of this section and Section 76-10-102
is superceded. |
| (5)
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A
parent or legal guardian who accompanies a person
younger than 19 years of age into an area described
in Subsection (3)(b) and permits the person younger
than 19 years of age to purchase or otherwise take
a cigar,
cigarette, or tobacco in any form is guilty of furnishing
tobacco as
provided for in Section 76-10-104 and the penalties
provided for in that
section. |
| (6)
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Violation
of Subsection (2) or (3) is a: |
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(a)
class C misdemeanor on the first offense; |
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(b)
class B misdemeanor on the second offense; and |
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(c)
class A misdemeanor on the third and all subsequent
offenses.
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| Advertising/
Distribution |
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| 76-10-102. |
Cigarettes
and tobacco -- Advertising restrictions -- Warnings
in smokeless tobacco advertisements. |
| (1) |
It is a class B misdemeanor for any person to display
on any billboard,
streetcar sign, streetcar, bus, placard, or on any
other object or place
of display, any advertisement of cigarettes, cigarette
papers, cigars,
chewing tobacco, or smoking tobacco or any disguise
or substitute of
either, except that a dealer in cigarettes, cigarette
papers, tobacco or
cigars, or their substitutes, may have a sign on
the front of his place of
business stating that he is a dealer in the articles;
provided that nothing
herein shall be construed to prohibit the advertising
of cigarettes, cigarette
papers, chewing tobacco or smoking tobacco, or any
substitute of either,
in any newspaper, magazine or periodical printed
or circulating in
this state. |
| (2)
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Any advertisement for smokeless tobacco placed in
a newspaper,
magazine, or periodical published in this state
must bear a warning which
states: "Use of smokeless tobacco may cause
oral cancer and other
mouth disorders and is addictive." This warning
must be in a conspicuous
location and in conspicuous and legible type, in
contrast with the
typography, layout, and color of all other printed
material in the
advertisement. For purposes of this subsection,
"smokeless tobacco"
means any finely cut, ground, powdered, or leaf
tobacco that is intended
to be placed in the oral cavity or nasal passage.
In the event the United
States Congress passes legislation which requires
warnings in
advertisements of smokeless tobacco, the specific
language required
to be placed in advertisements by that legislation
shall take precedence
over this subsection.
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| 76-10-105.3. |
Prohibition
of sale or gift of clove cigarettes.
It is unlawful for any person to knowingly sell, offer
for sale, give or furnish
any clove cigarette in this state. For purposes of this
section "clove cigarette"
means any cigarette which contains more than 10%, by weight,
of raw
eugenia caryophyllata or caryophyllus, commonly known
as clove. Any
person who violates this section is guilty of a class
B misdemeanor.
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76-10-111. |
Prohibition
of gift or free distribution of smokeless tobacco
--
Exceptions. |
| (1) |
The Legislature finds that smokeless tobacco, or
chewing tobacco,
is harmful to the health of individuals who use
those products because
research indicates that they may cause mouth or
oral cancers; that the
use of smokeless tobacco among juveniles in this
state is increasing
rapidly; and that it is necessary to restrict the
gift of these products in
the interest of the health of the citizens of this
state. |
| (2)
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Except
as provided in Subsection (3), it is unlawful for
a manufacturer,
wholesaler, and retailer to give or distribute without
charge any smokeless
tobacco or chewing tobacco in this state. Any person
who violates this
section is guilty of a class C misdemeanor for the
first offense, and is
guilty of a class B misdemeanor for any subsequent
offense. |
| (3)
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(a) |
Smokeless tobacco or chewing tobacco may be distributed
to adults
without charge at professional conventions where
the general public
is excluded. |
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(b)
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Subsection
(2) does not apply to retailers, manufacturers,
or
distributors who give smokeless tobacco or chewing
tobacco
to persons of legal age upon their purchase of other
tobacco
products.
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| 76-10-112 |
Prohibition
of distribution of cigarettes or other tobacco
products -- Exceptions. |
| (1)
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Except
as provided in Subsection (2), it is unlawful for
a manufacturer,
wholesaler, or retailer to give or distribute cigarettes
or other
tobacco products in this state without charge. Any
person who
violates this subsection is guilty of a class C
misdemeanor for the
first offense and a class B misdemeanor for any
subsequent offense. |
| (2)
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Cigarettes
and other tobacco products may be distributed to
adults
without charge at professional conventions where
the general public
is excluded. |
| (3)
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The
prohibition described in Subsection (1) does not
apply to retailers,
manufacturers, or distributors who give cigarettes
or other tobacco
products to persons of legal age upon their purchase
of cigarettes or
other tobacco products.
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| *
The text version of Utah Tobacco Laws At-A-Glance is
provided for informational purposes only
and is subject to change without notice. For a more
definitive listing of laws consult the
Utah Code.
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