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8 LONG TITLE
9 General Description:
10 This bill enacts and amends provisions relating to electronic cigarette products,
11 nontherapeutic nicotine products, and alternative nicotine products.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ imposes civil penalties for the sale of a nontherapeutic nicotine product or an
16 alternative nicotine product;
17 ▸ requires the Department of Health to regulate a nontherapeutic nicotine product or
18 an alternative nicotine product;
19 ▸ imposes licensing requirements on a person that sells or distributes a nontherapeutic
20 nicotine product or an alternative nicotine product;
21 ▸ imposes an excise tax on the sale of an electronic cigarette substance, a
22 nontherapeutic nicotine device substance, an alternative nicotine product, and
23 certain prefilled devices;
24 ▸ creates the Electronic Cigarette Substance and Other Nicotine Product Tax
25 Restricted Account;
26 ▸ addresses use of revenue from the taxation of an electronic cigarette substance, a
27 nontherapeutic nicotine device substance, and an alternative nicotine product; and
28 ▸ provides criminal penalties for a sale or purchase of an electronic cigarette product,
29 a nontherapeutic nicotine product, or an alternative nicotine product in violation of
30 law.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill provides a special effective date.
35 Utah Code Sections Affected:
36 AMENDS:
37 26-42-102, as last amended by Laws of Utah 2015, Chapter 132
38 26-57-101, as enacted by Laws of Utah 2015, Chapter 132
39 26-57-102, as enacted by Laws of Utah 2015, Chapter 132
40 59-14-102, as last amended by Laws of Utah 2013, Chapter 148
41 59-14-201, as last amended by Laws of Utah 2013, Chapter 148
42 59-14-203.5, as last amended by Laws of Utah 2011, Chapter 96
43 59-14-801, as enacted by Laws of Utah 2015, Chapter 132
44 59-14-802, as enacted by Laws of Utah 2015, Chapter 132
45 59-14-803, as enacted by Laws of Utah 2015, Chapter 132
46 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
47 by Coordination Clause, Laws of Utah 2015, Chapter 132
48 76-10-104, as last amended by Laws of Utah 2010, Chapter 114
49 76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
50 76-10-105, as last amended by Laws of Utah 2010, Chapter 114
51 76-10-105.1, as last amended by Laws of Utah 2015, Chapters 66 and 132
52 ENACTS:
53 26-57-104, Utah Code Annotated 1953
54 59-14-804, Utah Code Annotated 1953
55 59-14-805, Utah Code Annotated 1953
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 26-42-102 is amended to read:
59 26-42-102. Definitions.
60 As used in this chapter:
61 (1) "Commission" means the [
62 (2) "Employee" means an employee of a licensee.
63 (3) "Enforcing agency" means the state Department of Health, or any local health
64 department, enforcing the provisions of this chapter.
65 (4) "Licensee" means a person licensed:
66 (a) under Section 59-14-201 to sell cigarettes at retail;
67 (b) under Section 59-14-301 to sell tobacco products at retail; or
68 (c) under Section 59-14-803 to sell an electronic cigarette product, nontherapeutic
69 nicotine product, or alternative nicotine product.
70 (5) "License to sell tobacco" or "license" means a license issued:
71 (a) under Section 59-14-201 to sell cigarettes at retail;
72 (b) under Section 59-14-301 to sell tobacco products at retail; or
73 (c) under Section 59-14-803 to sell an electronic cigarette product, nontherapeutic
74 nicotine product, or alternative nicotine product.
75 (6) "Tobacco" means:
76 (a) a cigarette or a tobacco product, as defined in Section 59-14-102; or
77 (b) an electronic cigarette product, a nontherapeutic nicotine product, or an alternative
78 nicotine product, as defined in Section [
79 Section 2. Section 26-57-101 is amended to read:
80
81
82 26-57-101. Title.
83 This chapter is known as the "Electronic Cigarette and Other Nicotine Product
84 Regulation Act."
85 Section 3. Section 26-57-102 is amended to read:
86 26-57-102. Definitions.
87 As used in this chapter:
88 (1) "Alternative nicotine product" means the same as that term is defined in Section
89 59-14-102.
90 [
91 [
92 [
93 [
94 cigarette substance.
95 [
96 Section [
97 (6) "Local health department" means the same as that term is defined in Section
98 26A-1-102.
99 [
100 (a) to cast, construct, or make electronic cigarettes; or
101 (b) to blend, make, process, or prepare an electronic cigarette substance.
102 [
103 cigarette substance that is sold in a container that:
104 (a) is pre-filled by the electronic cigarette substance manufacturer; and
105 (b) the electronic cigarette manufacturer does not intend for a consumer to open.
106 (9) "Nontherapeutic nicotine device" means the same as that term is defined in Section
107 59-14-102.
108 (10) "Nontherapeutic nicotine device substance" means the same as that term is defined
109 in Section 59-14-102.
110 (11) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device or a
111 nontherapeutic nicotine device substance.
112 Section 4. Section 26-57-104 is enacted to read:
113 26-57-104. Nontherapeutic nicotine products and alternative nicotine products --
114 Labeling -- Manufacturing and quality control standards.
115 (1) (a) To the extent that the United States Food and Drug Administration issues a
116 regulation regarding labeling, nicotine content, packaging, or product quality for a
117 nontherapeutic nicotine product or an alternative nicotine product, the federal regulations apply
118 and the department is not required under this section to establish a rule on the same subject for
119 which a federal regulation exists .
120 (b) The department or a local health department may not enact a rule or regulation
121 regarding labeling, nicotine content, packaging, or product quality for a nontherapeutic nicotine
122 product or an alternative nicotine content that conflicts with a regulation by the United States
123 Food and Drug Administration.
124 (2) No later than January 1, 2018, the department shall, in consultation with a local
125 health department and with input from members of the public, establish by rule made in
126 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, standards for a
127 nontherapeutic nicotine product and an alternative nicotine product regarding:
128 (a) labeling;
129 (b) nicotine content;
130 (c) packaging; and
131 (d) product quality.
132 (3) The standards established by the department under Subsection (2) do not apply to a
133 manufacturer sealed nontherapeutic nicotine product or a manufacturer sealed alternative
134 nicotine product.
135 (4) Beginning on July 1, 2018, a person may not distribute or sell a nontherapeutic
136 nicotine product or an alternative nicotine product unless the nontherapeutic nicotine product
137 or alternative nicotine product complies with the standards established by the department under
138 Subsection (2).
139 (5) (a) Beginning on July 1, 2018, a local health department may not enact a rule or
140 regulation regarding the labeling, nicotine content, packaging, or product quality of a
141 nontherapeutic nicotine product or an alternative nicotine product that is not identical to the
142 standards established by the department under Subsection (2).
143 (b) Except as provided in Subsection (5)(c), a local health department may enact a rule
144 or regulation regarding nontherapeutic nicotine product manufacturing or alternative nicotine
145 product manufacturing.
146 (c) A local health department may not enact a rule or regulation regarding a
147 manufacturer sealed nontherapeutic nicotine product or a manufacturer sealed alternative
148 nicotine product.
149 Section 5. Section 59-14-102 is amended to read:
150 59-14-102. Definitions.
151 As used in this chapter:
152 (1) (a) Except as provided in Subsection (1)(c), "alternative nicotine product" means a
153 product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, or a
154 tobacco product, that:
155 (i) contains nicotine;
156 (ii) is intended for human consumption;
157 (iii) is not purchased with a prescription from a licensed physician; and
158 (iv) is not approved by the United States Food and Drug Administration as nicotine
159 replacement therapy.
160 (b) "Alternative nicotine product" includes:
161 (i) pure nicotine;
162 (ii) snortable nicotine;
163 (iii) dissolvable orbs, pellets, sticks, or strips; and
164 (iv) nicotine-laced food and drink.
165 (c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
166 contains naturally occurring nicotine.
167 [
168 (a) regardless of:
169 (i) the size of the roll;
170 (ii) the shape of the roll; or
171 (iii) whether the tobacco is[
172 any other ingredient; and
173 (b) if the wrapper or cover of the roll is made of paper or any other substance or
174 material except tobacco.
175 [
176 to produce at least 150 cigarettes in less than 30 minutes.
177 [
178 (a) (i) controls, leases, owns, possesses, or otherwise has available for use a cigarette
179 rolling machine; and
180 (ii) makes the cigarette rolling machine available for use by another person to produce
181 a cigarette; or
182 (b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
183 [
184 (a) under Section 59-14-201 to obtain a license under Section 59-14-202; [
185 (b) under Section 59-14-301 to obtain a license under Section 59-14-202[
186 (c) under Section 59-14-803 to obtain a license.
187 [
188 (a) a cigarette that has a false manufacturing label; or
189 (b) a package of cigarettes bearing a counterfeit tax stamp.
190 (7) (a) "Electronic cigarette" means:
191 (i) an electronic device used to deliver or capable of delivering vapor containing
192 nicotine to an individual's respiratory system;
193 (ii) a component of the device described in Subsection (7)(a)(i); or
194 (iii) an accessory sold in the same package as the device described in Subsection
195 (7)(a)(i).
196 (b) "Electronic cigarette" includes an e-cigarette as that term is defined in Section
197 26-38-2.
198 (8) "Electronic cigarette product" means an electronic cigarette or an electronic
199 cigarette substance.
200 (9) "Electronic cigarette substance" means any substance, including liquid containing
201 nicotine, used or intended for use in an electronic cigarette.
202 [
203 directly or indirectly, a finished cigarette for sale or distribution.
204 [
205 or any other person doing business as a distributor or retailer of cigarettes on tribal lands
206 located in the state.
207 [
208 (a) is made wholly or in part of tobacco;
209 (b) [
210 (c) [
211 (i) containing tobacco; and
212 (ii) that is not exclusively natural leaf tobacco.
213 [
214 person [
215 (i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or
216 (ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels,
217 repackages, relabels, or imports a finished electronic cigarette product, nontherapeutic nicotine
218 product, or alternative nicotine product.
219 (b) "Manufacturer" does not include a cigarette rolling machine operator.
220 [
221 (a) is finely[
222 (b) has at least 45% moisture content, as determined by the commission by rule made
223 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
224 (c) is not intended to be:
225 (i) smoked; or
226 (ii) placed in the nasal cavity; and
227 (d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or
228 distributed in single-use units, including:
229 (i) tablets;
230 (ii) lozenges;
231 (iii) strips;
232 (iv) sticks; or
233 (v) packages containing multiple single-use units.
234 (15) "Nicotine" means a poisonous, nitrogen containing chemical that is made
235 synthetically or derived from tobacco or other plants.
236 (16) (a) "Nontherapeutic nicotine device" means a device that:
237 (i) is used to deliver nicotine to the bloodstream by:
238 (A) puffing or inhaling pure nicotine into the mouth; or
239 (B) spraying nicotine into the nose;
240 (ii) is not purchased with a prescription from a licensed physician; and
241 (iii) is not approved by the United States Food and Drug Administration as nicotine
242 replacement therapy.
243 (b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or
244 nontherapeutic nicotine nasal spray.
245 (17) "Nontherapeutic nicotine device substance" means a cartridge that:
246 (a) contains nicotine;
247 (b) is used or intended to be used in a nontherapeutic nicotine device;
248 (c) is not purchased with a prescription from a licensed physician; and
249 (d) is not approved by the United States Food and Drug Administration as nicotine
250 replacement therapy.
251 (18) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device or a
252 nontherapeutic nicotine device substance.
253 [
254 (a) sells or distributes a cigarette, electronic cigarette product, nontherapeutic nicotine
255 product, or alternative nicotine product to a consumer in the state; or
256 (b) intends to sell or distribute a cigarette, electronic cigarette product, nontherapeutic
257 nicotine product, or alternative nicotine product to a consumer in the state.
258 [
259 evidences payment of the tax on cigarettes required by Section 59-14-205.
260 [
261 (b) "Tobacco product" includes:
262 (i) a cigarette produced from a cigarette rolling machine;
263 (ii) a little cigar; or
264 (iii) moist snuff.
265 (c) "Tobacco product" does not include a cigarette.
266 [
267 recognized Indian tribe.
268 Section 6. Section 59-14-201 is amended to read:
269 59-14-201. License -- Application of part -- Fee -- Bond -- Exceptions.
270 (1) It is unlawful for any person in this state to manufacture, import, distribute, barter,
271 sell, exchange, or offer cigarettes for sale without first having obtained a license issued by the
272 commission under Section 59-14-202.
273 (2) Except for the tax rates described in Subsection 59-14-204(2), this part does not
274 apply to a cigarette produced from a cigarette rolling machine.
275 (3) (a) A license may not be issued for the sale of cigarettes until the applicant has paid
276 a license fee of $30 or a license renewal fee of $20, as appropriate.
277 (b) The fee for reinstatement of a license that has been revoked, suspended, or allowed
278 to expire is $30.
279 (4) (a) (i) [
280 applicant files a bond with the commission.
281 (ii) The commission shall determine the form and the amount of the bond, the
282 minimum amount of which shall be $500.
283 (iii) The bond shall be executed by the applicant as principal, with a corporate surety,
284 payable to the state and conditioned upon the faithful performance of all the requirements of
285 this chapter, including the payment of all taxes, penalties, and other obligations.
286 (b) An applicant is not required to post a bond if the applicant:
287 (i) purchases, during the license year, only products that have the proper state stamp
288 affixed as required by this chapter; and
289 (ii) files an affidavit with the applicant's application attesting to this fact.
290 Section 7. Section 59-14-203.5 is amended to read:
291 59-14-203.5. Commission action to suspend or revoke license.
292 (1) (a) The commission shall suspend or revoke licenses to sell tobacco, as required
293 under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
294 cigarettes to a person younger than 19 years of age, upon receipt of notice of an enforcing
295 agency's finding of a violation of Section 26-42-103.
296 (b) The commission shall provide written notice of the suspension or revocation to the
297 licensee.
298 (2) It is the duty of the enforcing agency to advise the commission of any finding of a
299 violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
300 (3) When the commission revokes a licensee's license under this section, the
301 commission may not issue to the licensee, or to the business entity using the license that is
302 revoked, a license under Section 59-14-202 [
303 59-14-803 to sell an electronic cigarette product, a nontherapeutic nicotine product, or an
304 alternative nicotine product at the location for which the license was issued for one year after:
305 (a) the day on which the time for filing an appeal of the revocation ends; or
306 (b) if the revocation is appealed, the day on which the decision to uphold the
307 revocation becomes final.
308 Section 8. Section 59-14-801 is amended to read:
309
310 59-14-801. Title.
311 This part is known as the "Electronic Cigarette and Other Nicotine Product Licensing
312 and Taxation Act."
313 Section 9. Section 59-14-802 is amended to read:
314 59-14-802. Definitions.
315 As used in this part:
316 [
317 [
318 [
319
320 [
321 [
322
323 [
324 [
325
326 [
327
328 [
329 department, or a local health department, when enforcing:
330 (a) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; or
331 (b) Title 26, Chapter 57, Electronic Cigarette and Other Nicotine Product Regulation
332 Act.
333 [
334 cigarette [
335 product.
336 [
337
338 (3) (a) "Manufacturer's sales price" means the amount the manufacturer of an electronic
339 cigarette substance, prefilled electronic cigarette, nontherapeutic nicotine device substance,
340 prefilled nontherapeutic nicotine device, or alternative nicotine product charges after
341 subtracting a discount.
342 (b) "Manufacturer's sales price" includes an original Utah destination freight charge,
343 regardless of:
344 (i) whether the electronic cigarette substance, prefilled electronic cigarette,
345 nontherapeutic nicotine device substance, prefilled nontherapeutic nicotine device, or
346 alternative nicotine product is shipped f.o.b. origin or f.o.b. destination; or
347 (ii) who pays the original Utah destination charge.
348 (4) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
349 with an electronic cigarette substance.
350 (5) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device
351 that is sold prefilled with a nontherapeutic nicotine device substance.
352 Section 10. Section 59-14-803 is amended to read:
353 59-14-803. Registration and license to sell an electronic cigarette product,
354 nontherapeutic nicotine product, or alternative nicotine product.
355 (1) (a) Except as provided in Subsection [
356 sell, or distribute an electronic cigarette product, nontherapeutic nicotine product, or alternative
357 nicotine product in Utah without first:
358 (i) registering with the commission under this section; and
359 (ii) obtaining a license to sell an electronic cigarette product, nontherapeutic nicotine
360 product, or alternative nicotine product from the commission under this section.
361 [
362 or a person that holds a valid license to sell tobacco products under Section 59-14-301, may[
363
364 offer to sell, or distribute an electronic cigarette product, nontherapeutic nicotine product, or
365 alternative nicotine product in Utah without obtaining a separate license to sell an electronic
366 cigarette product, nontherapeutic nicotine product, or alternative nicotine product in
367 accordance with this [
368 (2) (a) To register with the commission, a person shall file a bond with the
369 commission.
370 (b) (i) The bond shall be in the form and amount determined by the commission, the
371 minimum amount of which shall be $500.
372 (ii) The bond shall be executed by the registrant as principal, with a corporate surety,
373 payable to the state and conditioned upon the faithful performance of all the requirements of
374 this chapter, including the payment of all taxes, penalties, and other obligations.
375 (c) The commission may not charge a fee for registration.
376 (3) (a) Except as provided in Subsection (6), the commission shall issue a license to
377 sell an electronic cigarette product, nontherapeutic nicotine product, or alternative nicotine
378 product to a person that[
379 [
380 created by the commission, that includes:
381 (i) the person's name;
382 (ii) the address of the facility where the person will sell an electronic cigarette product,
383 nontherapeutic nicotine product, or alternative nicotine product; and
384 (iii) any other information the commission requires to implement this chapter[
385 [
386 (i) in the amount of $30 if the person is applying for a first-time license or reinstating a
387 revoked, suspended, or expired license; or
388 (ii) [
389 license.
390 (d) (i) The person shall file a bond with the commission in the form and the amount
391 determined by the commission, the minimum amount of which shall be $500.
392 (ii) The bond required by this Subsection (3) may be made in combination with the
393 bond required by Subsection (2).
394 (4) A license described in Subsection (3) is:
395 (a) valid only at one fixed business address;
396 (b) valid for three years;
397 (c) valid only for a physical location; and
398 (d) renewable if a licensee meets the criteria for licensing described in Subsection (3).
399 (5) The commission shall, after notifying a licensee, revoke a license described in
400 Subsection (3) if an enforcing agency determines the licensee has violated a provision of:
401 (a) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; or
402 (b) Title 26, Chapter 57, Electronic Cigarette and Other Nicotine Product Regulation
403 Act.
404 (6) If the commission revokes a person's license to sell an electronic cigarette product,
405 nontherapeutic nicotine product, or alternative nicotine product under Subsection (5), the
406 commission may not issue a license to sell an electronic cigarette product, nontherapeutic
407 nicotine product, or alternative nicotine product, a license to sell cigarettes under Section
408 59-14-201, or a license to sell tobacco under Section 59-14-301 to the person until one year
409 after:
410 (a) the day on which the time for filing an appeal of the revocation ends, as determined
411 by the enforcing agency; or
412 (b) if the person appeals the enforcing agency's decision to revoke the license to sell an
413 electronic cigarette product, nontherapeutic nicotine product, or alternative nicotine product,
414 the day on which the enforcing agency's decision to uphold the revocation is final.
415 (7) If the commission revokes a person's license under Subsection (5), the commission
416 shall also revoke the person's license to sell cigarettes under Section 59-14-201, if any, and the
417 person's license to sell tobacco under Section 59-14-301, if any.
418 (8) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
419 Administrative Rulemaking Act, to establish the additional information described in
420 Subsection (3)[
421 (3)[
422 (9) It is a class B misdemeanor for a person to violate Subsection (1).
423 Section 11. Section 59-14-804 is enacted to read:
424 59-14-804. Taxation of an electronic cigarette product, a nontherapeutic nicotine
425 product, and an alternative nicotine product.
426 (1) (a) There is levied a tax upon the following:
427 (i) an electronic cigarette substance; and
428 (ii) a prefilled electronic cigarette.
429 (b) Beginning on July 1, 2018, there is levied a tax upon the following:
430 (i) an alternative nicotine product;
431 (ii) a nontherapeutic nicotine device substance; or
432 (iii) a prefilled nontherapeutic nicotine device.
433 (2) The rate of the tax levied under Subsection (1) is .86 multiplied by the
434 manufacturer's sales price.
435 (3) (a) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user shall
436 pay the tax levied under Subsection (1) at the time that the electronic cigarette substance,
437 prefilled electronic cigarette, nontherapeutic nicotine device substance, prefilled nontherapeutic
438 nicotine device, or alternative nicotine product is first received in the state.
439 (b) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user may not
440 resell the electronic cigarette substance, prefilled electronic cigarette, nontherapeutic nicotine
441 device substance, prefilled nontherapeutic nicotine device, or alternative nicotine product to
442 another distributor, another retailer, or a consumer before paying the tax levied under
443 Subsection (1).
444 (4) (a) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user
445 shall remit the taxes collected in accordance with this section to the commission.
446 (b) The commission shall deposit, for each fiscal year:
447 (i) the first $2,000,000 remitted in accordance with this section into the Electronic
448 Cigarette Substance and Other Nicotine Product Tax Restricted Account, created in Section
449 59-14-805; and
450 (ii) the balance of remittances received in accordance with this section into the General
451 Fund.
452 Section 12. Section 59-14-805 is enacted to read:
453 59-14-805. Electronic Cigarette Substance and Other Nicotine Product Tax
454 Restricted Account.
455 (1) There is created within the General Fund a restricted account known as the
456 "Electronic Cigarette Substance and Other Nicotine Product Tax Restricted Account."
457 (2) The Electronic Cigarette Substance and Other Nicotine Product Tax Restricted
458 Account consists of:
459 (a) for each fiscal year, the first $2,000,000 collected from the tax imposed by Section
460 59-14-804; and
461 (b) amounts appropriated by the Legislature.
462 (3) For each fiscal year beginning with fiscal year 2017-18, and subject to
463 appropriation by the Legislature, the Division of Finance shall distribute money from the
464 Electronic Cigarette Substance and Other Nicotine Product Tax Restricted Account to the local
465 health departments in accordance with Section 26A-1-116 for the purpose of:
466 (a) enforcing the regulation provisions under Section 26-57-103; and
467 (b) providing electronic cigarette and other nicotine product use prevention education
468 to youth.
469 Section 13. Section 76-10-101 is amended to read:
470
471
472 76-10-101. Definitions.
473 As used in this part:
474 (1) "Alternative nicotine product" means the same as that term is defined in Section
475 59-14-102.
476 (2) "Cigar" means a product that contains nicotine, is intended to be burned under
477 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
478 any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
479 in Subsection [
480 [
481 under ordinary conditions of use, and consists of:
482 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
483 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
484 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
485 be offered to, or purchased by, consumers as a cigarette described in Subsection [
486 [
487
488 (4) (a) "Electronic cigarette" means:
489 (i) an electronic device used to deliver or capable of delivering vapor containing
490 nicotine to an individual's respiratory system;
491 (ii) a component of the device described in Subsection (4)(a)(i); or
492 (iii) an accessory sold in the same package as the device described in Subsection
493 (4)(a)(i).
494 (b) "Electronic cigarette" includes an e-cigarette as that term is defined in Section
495 26-38-2.
496 (5) "Electronic cigarette product" means an electronic cigarette or electronic cigarette
497 substance.
498 (6) "Electronic cigarette substance" means any substance, including liquid containing
499 nicotine, used or intended for use in an electronic cigarette.
500 (7) (a) "Nontherapeutic nicotine device" means a device that:
501 (i) is used to deliver nicotine to the bloodstream by:
502 (A) puffing or inhaling pure nicotine into the mouth; or
503 (B) spraying nicotine into the nose;
504 (ii) is not purchased with a prescription from a licensed physician; and
505 (iii) is not approved by the United States Food and Drug Administration as nicotine
506 replacement therapy.
507 (b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or
508 nontherapeutic nicotine nasal spray.
509 (8) "Nontherapeutic nicotine device substance" means a cartridge that:
510 (a) contains nicotine;
511 (b) is used or intended to be used in a nontherapeutic nicotine device;
512 (c) is not purchased with a prescription from a licensed physician; and
513 (d) is not approved by the United States Food and Drug Administration as nicotine
514 replacement therapy.
515 (9) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device or a
516 nontherapeutic nicotine device substance.
517 [
518 (a) a shop;
519 (b) a store;
520 (c) a factory;
521 (d) a public garage;
522 (e) an office;
523 (f) a theater;
524 (g) a recreation hall;
525 (h) a dance hall;
526 (i) a poolroom;
527 (j) a café;
528 (k) a cafeteria;
529 (l) a cabaret;
530 (m) a restaurant;
531 (n) a hotel;
532 (o) a lodging house;
533 (p) a streetcar;
534 (q) a bus;
535 (r) an interurban or railway passenger coach;
536 (s) a waiting room; and
537 (t) any other place of business.
538 [
539 lighted smoking equipment.
540 Section 14. Section 76-10-104 is amended to read:
541 76-10-104. Providing a cigar, cigarette, electronic cigarette, nontherapeutic
542 nicotine product, alternative nicotine product, or tobacco to a minor -- Penalties.
543 (1) Any person who knowingly, intentionally, recklessly, or with criminal negligence
544 provides any cigar, cigarette, electronic cigarette product, nontherapeutic nicotine product, or
545 alternative nicotine product, or tobacco in any form, to any person under 19 years of age, is
546 guilty of a class C misdemeanor on the first offense, a class B misdemeanor on the second
547 offense, and a class A misdemeanor on subsequent offenses.
548 (2) For purposes of this section "provides":
549 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
550 (b) does not include the acts of the United States Postal Service or other common
551 carrier when engaged in the business of transporting and delivering packages for others or the
552 acts of a person, whether compensated or not, who transports or delivers a package for another
553 person without any reason to know of the package's content.
554 Section 15. Section 76-10-104.1 is amended to read:
555 76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
556 (1) For purposes of this section:
557 (a) "Provides":
558 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
559 (ii) does not include the acts of the United States Postal Service or other common
560 carrier when engaged in the business of transporting and delivering packages for others or the
561 acts of a person, whether compensated or not, who transports or delivers a package for another
562 person without any reason to know of the package's content.
563 (b) (i) "Tobacco paraphernalia"[
564 kind which is used, intended for use, or designed for use to package, repackage, store, contain,
565 conceal, ingest, inhale, or otherwise introduce a cigar, electronic cigarette substance,
566 nontherapeutic nicotine device substance, cigarette, or tobacco in any form into the human
567 body, including:
568 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
569 screens, permanent screens, hashish heads, or punctured metal bowls;
570 (B) water pipes;
571 (C) carburetion tubes and devices;
572 (D) smoking and carburetion masks;
573 (E) roach clips: meaning objects used to hold burning material, such as a cigarette, that
574 has become too small or too short to be held in the hand;
575 (F) chamber pipes;
576 (G) carburetor pipes;
577 (H) electric pipes;
578 (I) air-driven pipes;
579 (J) chillums;
580 (K) bongs; and
581 (L) ice pipes or chillers[
582 (ii) "Tobacco paraphernalia" does not include matches or lighters.
583 (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
584 criminal negligence provide any tobacco paraphernalia to any person under 19 years of age.
585 (b) A person who violates this section is guilty of a class C misdemeanor on the first
586 offense and a class B misdemeanor on subsequent offenses.
587 Section 16. Section 76-10-105 is amended to read:
588 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette,
589 nontherapeutic nicotine product, or alternative nicotine product, or tobacco by a minor --
590 Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
591 (1) Any [
592 in the person's possession any cigar, cigarette, electronic cigarette product, nontherapeutic
593 nicotine product, or alternative nicotine product, or tobacco in any form is guilty of a class C
594 misdemeanor and subject to:
595 (a) a minimum fine or penalty of $60; and
596 (b) participation in a court-approved tobacco education program, which may include a
597 participation fee.
598 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
599 person's possession any cigar, cigarette, electronic cigarette product, nontherapeutic nicotine
600 product, or alternative nicotine product, or tobacco in any form is subject to the jurisdiction of
601 the Juvenile Court and:
602 (a) a minimum fine or penalty of $60; and
603 (b) participation in a court-approved tobacco education program, which may include a
604 participation fee.
605 (3) A compliance officer appointed by a board of education under Section 53A-3-402
606 may issue citations for violations of this section committed on school property. Cited
607 violations shall be reported to the appropriate juvenile court.
608 Section 17. Section 76-10-105.1 is amended to read:
609 76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco,
610 electronic cigarettes, nontherapeutic nicotine product, or alternative nicotine product --
611 Minors not allowed in tobacco specialty shop -- Penalties.
612 (1) As used in this section:
613 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
614 (b) (i) "Face-to-face exchange" means a transaction made in person between an
615 individual and a retailer or retailer's employee.
616 (ii) "Face-to-face exchange" does not include a sale through a:
617 (A) vending machine; or
618 (B) self-service display.
619 (c) "Retailer" means a person who:
620 (i) sells a cigarette, tobacco, [
621 nicotine product, or an alternative nicotine product to an individual for personal consumption;
622 or
623 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, [
624 electronic cigarette product, a nontherapeutic nicotine product, or an alternative nicotine
625 product.
626 (d) "Self-service display" means a display of a cigarette, tobacco, [
627 cigarette product, a nontherapeutic nicotine product, or an alternative nicotine product to which
628 the public has access without the intervention of a retailer or retailer's employee.
629 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
630 (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
631 least 80% of its total sales from the sale of cigarettes, tobacco, [
632 cigarette products, nontherapeutic nicotine products, or alternative nicotine products.
633 (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, [
634 electronic cigarette product, a nontherapeutic nicotine product, or an alternative nicotine
635 product only in a face-to-face exchange.
636 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
637 (a) a mail-order, telephone, or Internet sale made in compliance with Section
638 59-14-509;
639 (b) a sale from a vending machine or self-service display that is located in an area of a
640 retailer's facility:
641 (i) that is distinct and separate from the rest of the facility; and
642 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
643 present; or
644 (c) a sale at a tobacco specialty shop.
645 (4) An individual who is less than 19 years old may not enter or be present at a tobacco
646 specialty shop unless the individual is:
647 (a) accompanied by a parent or legal guardian;
648 (b) present at the tobacco shop for a bona fide commercial purpose other than to
649 purchase a cigarette, tobacco, [
650 product, or an alternative nicotine product; or
651 (c) 18 years old or older and an active duty member of the United States Armed Forces,
652 as demonstrated by a valid, government-issued military identification card.
653 (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
654 into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
655 individual to purchase a cigarette, tobacco, [
656 nontherapeutic nicotine product, or an alternative nicotine product.
657 (6) A violation of Subsection (2) or (4) is a:
658 (a) class C misdemeanor on the first offense;
659 (b) class B misdemeanor on the second offense; and
660 (c) class A misdemeanor on the third and all subsequent offenses.
661 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
662 under Section 76-10-104.
663 (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
664 subdivision of the state or by a state agency that affects the sale, placement, or display of
665 cigarettes, tobacco, [
666 product, or an alternative nicotine product, that is not essentially identical to the provisions of
667 this section and Section 76-10-102 is superseded.
668 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
669 ordinance by a municipal or county government.
670 Section 18. Effective date.
671 This bill takes effect on July 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel