59-14-102.  Definitions.
     As used in this chapter:

(1)  “Alternative nicotine product” means the same as that term is defined in Section 76-10-101.

Terms Used In Utah Code 59-14-102

  • Cigarette: means a roll made wholly or in part of tobacco:
(a) regardless of:
(i) the size of the roll;
(ii) the shape of the roll;
(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or
(iv) whether the tobacco is heated or burned; and
(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102
  • Cigarette rolling machine: means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes. See Utah Code 59-14-102
  • Cigarette rolling machine operator: means a person who:
    (a) 
    (i) controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and
    (ii) makes the cigarette rolling machine available for use by another person to produce a cigarette; or
    (b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine. See Utah Code 59-14-102
  • Consumer: means a person that is not required:
    (a) under Section 59-14-201 to obtain a license under Section 59-14-202;
    (b) under Section 59-14-301 to obtain a license under Section 59-14-202; or
    (c) to obtain a license under Section 59-14-803. See Utah Code 59-14-102
  • Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Land: includes :Utah Code 68-3-12.5
  • Little cigar: means a roll for smoking that:
    (a) is made wholly or in part of tobacco;
    (b) uses an integrated cellulose acetate filter or other similar filter; and
    (c) is wrapped in a substance:
    (i) containing tobacco; and
    (ii) that is not exclusively natural leaf tobacco. See Utah Code 59-14-102
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Person: means :Utah Code 68-3-12.5
  • Retailer: means a person that:
    (a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or
    (b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state. See Utah Code 59-14-102
  • Stamp: means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205. See Utah Code 59-14-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Tobacco product: includes :
    (i) a cigarette produced from a cigarette rolling machine;
    (ii) a little cigar; or
    (iii) moist snuff. See Utah Code 59-14-102
  • Tribal lands: means land held by the United States in trust for a federally recognized Indian tribe. See Utah Code 59-14-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  “Cigarette” means a roll made wholly or in part of tobacco:

    (a)  regardless of:

    (i)  the size of the roll;

    (ii)  the shape of the roll;

    (iii)  whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or

    (iv)  whether the tobacco is heated or burned; and

    (b)  if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco.

    (3)  “Cigarette rolling machine” means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes.

    (4)  “Cigarette rolling machine operator” means a person who:

    (a) 

    (i)  controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and

    (ii)  makes the cigarette rolling machine available for use by another person to produce a cigarette; or

    (b)  offers for sale, at retail, a cigarette produced from the cigarette rolling machine.

    (5)  “Consumer” means a person that is not required:

    (a)  under Section 59-14-201 to obtain a license under Section 59-14-202;

    (b)  under Section 59-14-301 to obtain a license under Section 59-14-202; or

    (c)  to obtain a license under Section 59-14-803.

    (6)  “Counterfeit cigarette” means:

    (a)  a cigarette that has a false manufacturing label; or

    (b)  a package of cigarettes bearing a counterfeit tax stamp.

    (7) 

    (a)  “Electronic cigarette” means the same as that term is defined in Section 76-10-101.

    (b)  “Electronic cigarette” does not include a cigarette or a tobacco product.

    (8)  “Electronic cigarette product” means the same as that term is defined in Section 76-10-101.

    (9)  “Electronic cigarette substance” means the same as that term is defined in Section 76-10-101.

    (10)  “Importer” means a person that imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution.

    (11)  “Indian tribal entity” means a federally recognized Indian tribe, tribal entity, or any other person doing business as a distributor or retailer of cigarettes on tribal lands located in the state.

    (12)  “Little cigar” means a roll for smoking that:

    (a)  is made wholly or in part of tobacco;

    (b)  uses an integrated cellulose acetate filter or other similar filter; and

    (c)  is wrapped in a substance:

    (i)  containing tobacco; and

    (ii)  that is not exclusively natural leaf tobacco.

    (13) 

    (a)  Except as provided in Subsection (13)(b), “manufacturer” means a person that:

    (i)  manufactures, fabricates, assembles, processes, or labels a finished cigarette; or

    (ii)  makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product.

    (b)  “Manufacturer” does not include a cigarette rolling machine operator.

    (14)  “Moist snuff” means tobacco that:

    (a)  is finely cut, ground, or powdered;

    (b)  has at least 45% moisture content, as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

    (c)  is not intended to be:

    (i)  smoked; or

    (ii)  placed in the nasal cavity; and

    (d)  except for single-use pouches of loose tobacco, is not packaged, produced, sold, or distributed in single-use units, including:

    (i)  tablets;

    (ii)  lozenges;

    (iii)  strips;

    (iv)  sticks; or

    (v)  packages containing multiple single-use units.

    (15)  “Nicotine” means the same as that term is defined in Section 76-10-101.

    (16)  “Nicotine product” means the same as that term is defined in Section 76-10-101.

    (17)  “Nontherapeutic nicotine device” means the same as that term is defined in Section 76-10-101.

    (18)  “Nontherapeutic nicotine device substance” means the same as that term is defined in Section 76-10-101.

    (19)  “Nontherapeutic nicotine product” means the same as that term is defined in Section 76-10-101.

    (20)  “Prefilled electronic cigarette” means the same as that term is defined in Section 76-10-101.

    (21)  “Prefilled nontherapeutic nicotine device” means the same as that term is defined in Section 76-10-101.

    (22)  “Retailer” means a person that:

    (a)  sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or

    (b)  intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state.

    (23)  “Stamp” means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205.

    (24) 

    (a)  “Tobacco product” means a product made of, or containing, tobacco.

    (b)  “Tobacco product” includes:

    (i)  a cigarette produced from a cigarette rolling machine;

    (ii)  a little cigar; or

    (iii)  moist snuff.

    (c)  “Tobacco product” does not include a cigarette.

    (25)  “Tribal lands” means land held by the United States in trust for a federally recognized Indian tribe.

    Amended by Chapter 199, 2022 General Session

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