| (1) |
For purposes of this section:
Terms Used In Utah Code 59-14-808- 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- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- 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- 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
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| (a) |
“Distributor” means a person, wherever residing or located, who:
| (i) |
is licensed in this state to purchase a non-taxed nicotine product or a non-taxed electronic cigarette product; and |
| (ii) |
stores, sells, or otherwise disposes of a nicotine product or an electronic cigarette product. |
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| (b) |
“Licensed person” means the same as that term is defined in Section 59-14-409. |
| (c) |
“Order or purchase” includes:
| (i) |
by mail or delivery service; |
| (ii) |
through the Internet or computer network; |
| (iv) |
through some other electronic method. |
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| (d) |
“Retailer” means any person who sells a nicotine product or an electronic cigarette product to consumers for personal consumption. |
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| (2) |
A person, distributor, manufacturer, or retailer shall not:
| (a) |
cause a nicotine product or an electronic cigarette product to be ordered or purchased by anyone other than a licensed person; or |
| (b) |
knowingly provide substantial assistance to a person who violates this section. |
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| (3) |
| (a) |
Each order or purchase of a nicotine product or an electronic cigarette product in violation of Subsection (2) constitutes a separate violation under this section. |
| (b) |
In addition to the penalties in Subsection (4), a person who violates this section is subject to:
| (i) |
a civil penalty in an amount not to exceed $5,000 for each violation of this section; |
| (ii) |
an injunction to restrain a threatened or actual violation of this section; and |
| (iii) |
recovery by the state for:
| (A) |
the costs of investigation; |
| (B) |
the cost of expert witness fees; |
| (C) |
the cost of the action; and |
| (D) |
reasonable attorney’s fees. |
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| (4) |
If a person knowingly violates this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the General Fund. |
Amended by Chapter 36, 2023 General Session
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