H.B. 299

1

AMENDMENTS RELATED TO SUBSTANCES
2 HARMFUL TO PREGNANCY
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: D. Chris Buttars
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Health Code related to efforts to inform people of the
11 effects of consuming alcohol during pregnancy.
12 Highlighted Provisions:
13 This bill:
14 . repeals outdated language related to a public education and outreach program; and
15 . requires posting of a warning by alcohol retailers related to the effects of consuming
16 alcohol during pregnancy.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 36-7-6, Utah Code Annotated 1953
24 REPEALS:
25 26-7-5, as enacted by Laws of Utah 2008, Chapter 135
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 36-7-6 is enacted to read:
29 36-7-6. Alcohol retailers to post warnings related to consumption of alcohol and
30 pregnancy.
31 (1) As used in this section:
32 (a) "Alcohol retailer" means:
33 (i) a state store, as defined in Section 32A-1-105 ;
34 (ii) a package agency, as defined in Section 32A-1-105 ; or
35 (iii) one of the following, if required to display a DUI warning under Title 32A,
36 Alcoholic Beverage Control Act:
37 (A) a person licensed under Title 32A, Alcoholic Beverage Control Act; or
38 (B) a person who holds a permit under Title 32A, Alcoholic Beverage Control Act.
39 (b) "DUI warning" means the statement, "Warning: Driving under the influence of
40 alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.", that an alcohol
41 retailer is required to display as a sign in large letters in a prominent place under the following
42 sections:
43 (i) Section 32A-1-107 ;
44 (ii) Section 32A-2-103 ;
45 (iii) Section 32A-3-106 ;
46 (iv) Section 32A-4-106 ;
47 (v) Section 32A-4-206 ;
48 (vi) Section 32A-4-307 ;
49 (vii) Section 32A-4-406 ;
50 (viii) Section 32A-4a-305 ;
51 (ix) Section 32A-5-107 ;
52 (x) Section 32A-6-202 ; and
53 (xi) Section 32A-10-206 .
54 (2) (a) On and after January 1, 2010, an alcohol retailer shall display, in a prominent
55 place, a sign in large letters that consists of text in the following order:
56 (i) a header that reads: "WARNING";
57 (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
58 can cause birth defects and permanent brain damage for the child.";

59 (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
60 [insert most current toll-free number] with questions or for more information.";
61 (iv) a header that reads: "WARNING"; and
62 (v) a warning statement that contains the DUI warning, except it does not include the
63 text "Warning:".
64 (b) (i) The text described in Subsections (2)(a)(i) through (iii) shall be in a different
65 font style than the text described in Subsections (2)(a)(iv) and (v).
66 (ii) Both warning statements in the sign described in Subsection (2)(a) shall be in the
67 same font size.
68 (3) The department shall work with the Alcoholic Beverage Control Commission and
69 the Department of Alcoholic Beverage Control to facilitate consistency in the format of a sign
70 required under this section.
71 (4) (a) An alcohol retailer who complies with this section is considered to be in
72 compliance with a requirement under Title 32A, Alcoholic Beverage Control Act, to display a
73 DUI warning.
74 (b) The department may not take action against an alcohol retailer who violates this
75 section, but may notify the Department of Alcoholic Beverage Control of a possible violation
76 of this section.
77 (c) An alcohol retailer who violates this section is subject to the same disciplinary
78 action that the alcohol retailer would be subject to for a violation of a requirement under Title
79 32A, Alcoholic Beverage Control Act, to display a DUI warning.
80 Section 2. Repealer.
81 This bill repeals:
82 Section 26-7-5, Public education and outreach regarding substances harmful
83 during pregnancy.




Legislative Review Note
as of 2-3-10 8:45 AM

Office of Legislative Research and General Counsel