| (1) |
Except as provided in Subsection (3), a person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes:
Terms Used In Utah Code 59-14-210- 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 |
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| (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- 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. See Utah Code 59-14-102- Person: means :Utah Code 68-3-12.5
- 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; |
| (iii) | moist snuff. 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
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| (a) |
in a package which:
| (i) |
bears a statement, label, stamp, sticker, or other notice that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including the following and similar notices:
| (B) |
“U.S. Tax-Exempt”; and |
| (C) |
“For Use Outside the U.S.”; or |
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| (ii) |
does not comply with federal law, including 15 U.S.C. § 1333 of the Federal Cigarette Labeling and Advertising Act, regarding warning labels and other package information; |
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| (c) |
the licensee knows or has reason to know were not manufactured for sale, distribution, or use in the United States; |
| (d) |
for which a list of added ingredients has not been submitted to the federal Department of Health and Human Services pursuant to 15 U.S.C. § 1335a of the Federal Cigarette Labeling and Advertising Act; or |
| (e) |
known by the licensee to be otherwise in violation of other related federal law. |
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| (2) |
A person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes of a tobacco product manufacturer that is prohibited from selling cigarettes to consumers within the state under Subsection 59-22-203(3)(c). |
| (3) |
Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. § 1555(b) and any implementing regulations unless the cigarettes are brought back into the customs territory for resale within the customs territory. |
Amended by Chapter 52, 2002 General Session
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