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February 11, 2010
Mr. President:
The Health and Human Services Committee reports a favorable recommendation on
H.B. 88, ELECTRONIC CIGARETTE RESTRICTIONS, by Representative R. Menlove, with
the following amendments:
products in this
Respectfully,
D. Chris Buttars
Voting: 4-0-2
1. Page
2, Lines 36 through 37
:
36
criminal penalties for violation of those prohibitions;
37
. addresses advertising requirements relating to electronic cigarettes;
and
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2. Page
2, Line 54
:
54
76-10-112, as enacted by Laws of Utah 1989, Chapter 193
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3. Page
15, Line 450 through Page 16, Line 466
:
450
Section 10.
Section
76-10-112
is amended to read:
451
76-10-112. Prohibition of distribution of electronic cigarettes, cigarettes, or
other
452
tobacco products -- Exceptions.
453
(1) Except as provided in Subsection (2), it is unlawful for a manufacturer,
wholesaler,
454
or retailer to give or distribute electronic cigarettes, cigarettes, or other tobacco
455
state without charge. Any person who violates this subsection is guilty of a class C
456
misdemeanor for the first offense and a class B misdemeanor for any subsequent offense.
457
(2) [Cigarettes] Electronic cigarettes, cigarettes, and other tobacco products may be
458
distributed to adults without charge at professional conventions where the general public is
459
excluded.
460
(3) The prohibition described in Subsection (1) does not apply to [retailers,
461
manufacturers, or distributors who give cigarettes or other tobacco products to persons of legal
462
age upon their purchase of cigarettes or other tobacco products.] a retailer, manufacturer, or
463
distributor who gives electronic cigarettes, cigarettes, or other tobacco products to a person of
464
legal age upon the person's purchase of an electronic cigarette, cigarettes, or another tobacco
465
product.
}
466
Section
11
}
10
.
Section
77-39-101
is amended to read:
Committee Chair
3 HB0088.SC1.wpd markandrews/MDA TRV/MDA 2/11/10 10:43 am
Bill Number
*HB0088*
HB0088