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Tobacco Laws

Penalties for Violating Utah Tobacco Laws

26-42-103-Civil Penalties for Tobacco Sales To Underage Persons

(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:

Offense
*Penalty
1st Offense Not more than $300
2nd Offense Not more than $750
3rd Offense Not more than $1,000 and up to 30 day suspension of tobacco license
4th Offense Not more than $1,000 and 1 year revocation of tobacco license

  *Offenses, fines, and revocations are based on a 12 month "rolling window". 

 

76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to minors -- Penalties.

(1) Any person who knowingly, intentionally, recklessly, or with criminal negligence provides any cigar, cigarette, electronic 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.

(2) For purposes of this section "provides":
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
(b) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.

Utah Criminal Code
Misdemeanors and Infractions

Classification
Imprisonment
Fines-Person
Class A Misdemeanor
76-3-104

A term not exceeding one year
76-3-204
Not exceeding $2,500
76-3-301
Class B Misdemeanor
76-3-104

A term not exceeding six months
76-3-204
Not exceeding $1,000
76-3-301
Class C Misdemeanor
76-3-104

A term not exceeding ninety days
76-3-204
Not exceeding $750
76-3-301

Infractions are
not classified

76-3-105

May not be imprisoned.


1) A person convicted of an infraction may not be imprisoned but may be subject to fine, forfeiture, and disqualification, or any combination

Not exceeding $750
76-3-301

2) Whenever a person is
convicted of an infraction and no punishment is specified, the person may be fined as for a Class C Misdemeanor
.

 
 

Federal Penalties for Violation of the Family Smoking Prevention and Tobacco Control Act

In 2009 the Family Smoking Prevention and Tobacco Control Act was signed and became effective. The Act contains provisions to protect youth from accessing tobacco that tobacco manufacturers, distributors, and retailers are required to follow. More information about the Act.

You Can Avoid Penalties

Selling tobacco products carries with it a number of responsibilities as well as consequences for failing to follow through on those responsibilities. By becoming aware of these obligations and conducting ongoing employee education these penalties can be avoided.

The following resources are available to assist Utah tobacco retailers in meeting their obligations:

way to quit

 

Downloads

How to Avoid Penalties