76-10-105.1. Requirement of direct, face-to-face sale of tobacco products --
Supremacy clause -- Penalties.
(1) As used in this section:
(a) "Cigarette" means a product which contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of:
(i) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(ii) 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).
(b) "Cigar" means a product which contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any
substance containing tobacco, other than any roll of tobacco which is a cigarette within the
meaning of Subsection (1)(a).
(c) "Cigarette tobacco" means a product that consists of loose tobacco that contains or
delivers nicotine and is intended for use by a consumer in a cigarette.
(d) "Pipe tobacco" means a product that consists of loose tobacco that contains or
delivers nicotine and is intended to be smoked by a consumer in a pipe.
(e) "Retailer" means a person who sells cigarettes, cigars, cigarette tobacco, pipe tobacco,
or smokeless tobacco to individuals for personal consumption or who operates a facility where a
vending machine or a self-service display is permitted under Subsection (3)(b).
(f) "Self-service display" means a display of cigarettes, cigars, cigarette tobacco, pipe
tobacco, or smokeless tobacco products to which the public has access without the intervention
of a retail employee.
(g) "Smokeless tobacco" means a product that consists of cut, ground, powdered, or leaf
tobacco that contains nicotine and that is intended to be placed in the oral cavity.
(2) (a) Except as provided in Subsection (3), a retailer may sell cigarettes, cigars,
cigarette tobacco, pipe tobacco, and smokeless tobacco only in a direct, face-to-face exchange
between:
(i) an employee of the retailer; and
(ii) the purchaser.
(b) Examples of methods that are not permitted include vending machines and
self-service displays.
(c) Subsections (2)(a) and (b) do not prohibit the use or display of locked cabinets
containing cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless tobacco if the locked
cabinets are accessible only to the retailer or the retailer's employees.
(3) The following sales are permitted as exceptions to Subsection (2):
(a) mail-order sales, if the provisions of Section 59-14-509 are met;
(b) sales from vending machines, including vending machines that sell packaged, single
cigarettes or cigars, 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 19 years of age is present, or
permitted to enter, at any time, unless accompanied by a parent or legal guardian; and
(c) sales by a retailer from a retail store which derives at least 80% of its revenue from
tobacco and tobacco related products and where the retailer ensures that no person younger than
19 years of age is present, or permitted to enter at any time, unless accompanied by a parent or
legal guardian.
(4) Any ordinance, regulation, or rule adopted by the governing body of a political
subdivision of the state or by a state agency that affects the sale, placement, or display of
cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless tobacco that is not essentially
identical to the provisions of this section and Section 76-10-102 is superceded.
(5) (a) A parent or legal guardian who accompanies a person younger than 19 years of
age into an area described in Subsection (3)(b) or into a retail store as described in Subsection
(3)(c) 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 providing tobacco as provided for in Section
76-10-104 and the penalties provided for in that section.
(b) Nothing in this section may be construed as permitting a person to provide tobacco to
a minor in violation of Section 76-10-104.
(6) Violation of Subsection (2) or (3) is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on the third and all subsequent offenses.
Amended by Chapter 307, 2009 General Session
Amended by Chapter 341, 2009 General Session
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Last revised: Thursday, May 28, 2009