H.B. 202 Enrolled

MAIL ORDER TOBACCO SALES AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Eric K. Hutchings
Rebecca D. Lockhart
LONG TITLE
General Description:
This bill requires a cigarette retailer who sells cigarettes by mail order to require a postal
authority or common carrier who delivers the cigarettes to verify the age of the person
who accepts delivery of the mail order cigarettes in order to meet the requirement of a
face-to-face exchange for the sale of tobacco products in the state.
Highlighted Provisions:
This bill:
. requires a cigarette retailer who sells cigarettes by mail order to require a postal
authority or common carrier who delivers the cigarettes to verify the age of the
person who accepts delivery of the mail order cigarettes in order to meet the
requirement of a face-to-face exchange for the sale of tobacco products in the state.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-105.1, as last amended by Chapters 1 and 176, Laws of Utah 2000

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-105.1 is amended to read:
76-10-105.1. Requirement of direct, face-to-face sale of tobacco products.

(1) As used in this section:
(a) (i) "Cigarette" means any product which contains nicotine, is intended to be burned
under ordinary conditions of use, and consists of:
(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(B) 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)(i).
(ii) "Cigarette" does not include a standard 60 carton case.
(b) "Cigarette tobacco" means any product that consists of loose tobacco that contains or
delivers nicotine and is intended for use by consumers in a cigarette. Unless otherwise stated, the
requirements pertaining to cigarettes shall also apply to cigarette tobacco.
(c) "Retailer" means any person who sells cigarettes or smokeless tobacco to individuals
for personal consumption or who operates a facility where vending machines or self-service
displays are permitted under this section.
(d) "Self-service display" means any display of cigarettes or smokeless tobacco products
to which the public has access without the intervention of a retail employee.
(e) "Smokeless tobacco" means any product that consists of cut, ground, powdered, or
leaf tobacco that contains nicotine and that is intended to be placed in the oral cavity. "Smokeless
tobacco" does not include multi-container packs of smokeless tobacco.
(2) (a) Except as provided in Subsection (3), a retailer may sell cigarettes and smokeless
tobacco only in a direct, face-to-face exchange between the retailer and the consumer. Examples
of methods that are not permitted include vending machines and self-service displays.
(b) Subsection (2)(a) does not prohibit the use or display of locked cabinets containing
cigarettes or smokeless tobacco if the locked cabinets are only accessible to the retailer or its
employees.
(3) The following sales are permitted as exceptions to Subsection (2):
(a) mail-order sales, [excluding mail-order redemption of coupons and distribution of free
samples through the mail; and] if the retailer requires the postal authority or other common carrier

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to:
(i) verify that the person who takes possession of the delivery and who signs for the
delivery is 19 years of age or older;
(ii) obtain the signature of the person taking the delivery; and
(iii) include as part of the shipping documents a clear and conspicuous statement
providing as follows: "This package contains tobacco products: Utah law prohibits possession of
tobacco products by individuals under the age of 19"; and
(b) vending machines, including vending machines that sell packaged, single cigarettes,
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.
(4) Any ordinance, regulation, or rule adopted by the governing body of a political
subdivision or state agency that affects the sale, placement, or display of cigarettes 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)] 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.

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