Terms Used In Utah Code 59-14-803

• Alternative nicotine product: means the same as that term is defined in Section 76-10-101. See 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 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 Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102 Licensee: means a person that holds a valid license to sell an electronic cigarette product or a nicotine product. See Utah Code 59-14-802 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 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 Nontherapeutic nicotine device: 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 Prefilled electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102 Prefilled nontherapeutic nicotine device: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102 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 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 (a)  except as provided in Subsection (2), obtaining a license from the commission under this section to sell an electronic cigarette product or a nicotine product; and (b)  complying with any bonding requirement described in Subsection (5). (2)  A person that holds a valid license to sell cigarettes under Section 59-14-201 or a person that holds a valid license to sell tobacco products under Section 59-14-301 may, without obtaining a separate license in accordance with this section, sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state. (3)  The commission shall issue a license to sell an electronic cigarette product or a nicotine product to a person that submits an application, on a form created by the commission, that includes: (a)  the person’s name; (b)  the address of the facility where the person will sell an electronic cigarette product or a nicotine product; and (c)  any other information the commission requires to implement this chapter. (4)  A license described in Subsection (3) is: (a)  valid only at one fixed business address; (b)  valid for three years; (c)  valid only for a physical location; and (d)  renewable if a licensee meets the criteria for licensing described in Subsection (3). (5)  (a)  The commission shall require a manufacturer, jobber, distributor, wholesaler, or retailer that is responsible under this part for the collection of tax on an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond. (b)  The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond required by Subsection (5)(a) in combination with any bond required by Section 59-14-201 or 59-14-301. (c)  Subject to Subsection (5)(d), the commission shall determine the form and amount of the bond. (d)  The minimum amount of the bond shall be: (i)  except as provided in Subsection (5)(d)(ii) or (iii), $500; (ii)  if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by either Section 59-14-201 or 59-14-301, $1,000; or (iii)  if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by both Sections 59-14-201 and 59-14-301, $1,500. (6)  The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the additional information described in Subsection (3)(c) that a person shall provide in the application described in Subsection (3). (7)  It is a class B misdemeanor for a person to violate Subsection (1). (8)  The commission may not charge a fee for a license under this section. Amended by Chapter 347, 2020 General Session   Previous section Next section    Part 8 Contents