Utah Code 76-10-101. Definitions

76-10-101. Definitions.
As used in this part:

(1)

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Terms Used In Utah Code 76-10-101

Alternative nicotine product: includes :

(i)	pure nicotine;

(ii)	snortable nicotine;

(iii)

dissolvable salts, orbs, pellets, sticks, or strips; and

(iv)

nicotine-laced food and beverage. See Utah Code 76-10-101

Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette. See Utah Code 76-10-101

Cigarette: means a product that contains nicotine, is intended to be heated or 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 (3)(a). See Utah Code 76-10-101

Electronic cigarette: includes an oral device that is:

(i)	composed of a heating element, battery, or electronic circuit; and

(ii)

marketed, manufactured, distributed, or sold as:

(A)	an e-cigarette;

(B)	an e-cigar;

(C)	an e-pipe; or

(D)

any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101

Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101

Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101

Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101

Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101

Nontherapeutic nicotine device: includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray. See Utah Code 76-10-101

Nontherapeutic nicotine device substance: means a substance that:

(a)	contains nicotine;

(b)	is sold in a cartridge for use in a nontherapeutic nicotine device;

(c)	is not purchased with a prescription from a licensed physician; and

(d)

is not approved by the United States Food and Drug Administration as nicotine replacement therapy. See Utah Code 76-10-101

Nontherapeutic nicotine product: means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device. See Utah Code 76-10-101

Place of business: includes :

(a)

a shop;

(b)

a store;

(c)	a factory;

(d)	a public garage;

(e)	an office;

(f)	a theater;

(g)	a recreation hall;

(h)	a dance hall;

(i)	a poolroom;

(j)

a cafe;

(k)	a cafeteria;

(l)	a cabaret;

(m)	a restaurant;

(n)

a hotel;

(o)	a lodging house;

(p)	a streetcar;

(q)

a bus;

(r)	an interurban or railway passenger coach;

(s)	a waiting room; and

(t)

any other place of business. See Utah Code 76-10-101

Prefilled electronic cigarette: means an electronic cigarette that is sold prefilled with an electronic cigarette substance. See Utah Code 76-10-101

Prefilled nontherapeutic nicotine device: means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance. See Utah Code 76-10-101

Retail tobacco specialty business: means the same as that term is defined in Section 26B-7-501. See Utah Code 76-10-101

Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101

Tobacco product: means :

(a)

a cigar;

(b)	a cigarette; or

(c)

tobacco in any form, including:

(i)	chewing tobacco; and

(ii)

any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101

Tobacco retailer: means :

(a)	a general tobacco retailer, as that term is defined in Section 26B-7-501; or

(b)

a retail tobacco specialty business. See Utah Code 76-10-101

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

“Alternative nicotine product” means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:

(i)	contains nicotine;

(ii)	is intended for human consumption;

(iii)

is not purchased with a prescription from a licensed physician; and

(iv)	is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

(b)

“Alternative nicotine product” includes:

(i)	pure nicotine;

(ii)	snortable nicotine;

(iii)

dissolvable salts, orbs, pellets, sticks, or strips; and

(iv)	nicotine-laced food and beverage.

(c)	“Alternative nicotine product” does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.

(2)	“Cigar” means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette.

(3)

“Cigarette” means a product that contains nicotine, is intended to be heated or 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 (3)(a).

(4)

(a)

“Electronic cigarette” means:

(i)

any electronic oral device:

(A)	that provides an aerosol or a vapor of nicotine or other substance; and

(B)	which simulates smoking through the use or inhalation of the device;

(ii)	a component of the device described in Subsection (4)(a)(i); or

(iii)

an accessory sold in the same package as the device described in Subsection (4)(a)(i).

(b)

“Electronic cigarette” includes an oral device that is:

(i)	composed of a heating element, battery, or electronic circuit; and

(ii)

marketed, manufactured, distributed, or sold as:

(A)	an e-cigarette;

(B)	an e-cigar;

(C)	an e-pipe; or

(D)	any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a).

(c)	“Electronic cigarette” does not mean a medical cannabis device, as that term is defined in Section 26B-4-201.

(5)	“Electronic cigarette product” means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.

(6)	“Electronic cigarette substance” means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette.

(7)

(a)	“Flavored electronic cigarette product” means an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.

(b)	“Flavored electronic cigarette product” includes an electronic cigarette product that has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.

(c)

“Flavored electronic cigarette product” does not include an electronic cigarette product that:

(i)	has a taste or smell of only tobacco, mint, or menthol; or

(ii)	has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under 21 U.S.C. § 387j(c)(1)(A)(i).

(8)	“Nicotine” means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants.

(9)	“Nicotine product” means an alternative nicotine product or a nontherapeutic nicotine product.

(10)

(a)

“Nontherapeutic nicotine device” means a device that:

(i)	has a pressurized canister that is used to administer nicotine to the user through inhalation or intranasally;

(ii)	is not purchased with a prescription from a licensed physician; and

(iii)

is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

(b)	“Nontherapeutic nicotine device” includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray.

(11)

“Nontherapeutic nicotine device substance” means a substance that:

(a)	contains nicotine;

(b)	is sold in a cartridge for use in a nontherapeutic nicotine device;

(c)	is not purchased with a prescription from a licensed physician; and

(d)	is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

(12)	“Nontherapeutic nicotine product” means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.

(13)

“Place of business” includes:

(a)

a shop;

(b)

a store;

(c)	a factory;

(d)	a public garage;

(e)	an office;

(f)	a theater;

(g)	a recreation hall;

(h)	a dance hall;

(i)	a poolroom;

(j)

a cafe;

(k)	a cafeteria;

(l)	a cabaret;

(m)	a restaurant;

(n)

a hotel;

(o)	a lodging house;

(p)	a streetcar;

(q)

a bus;

(r)	an interurban or railway passenger coach;

(s)	a waiting room; and

(t)	any other place of business.

(14)	“Prefilled electronic cigarette” means an electronic cigarette that is sold prefilled with an electronic cigarette substance.

(15)	“Prefilled nontherapeutic nicotine device” means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.

(16)	“Retail tobacco specialty business” means the same as that term is defined in Section 26B-7-501.

(17)	“Smoking” means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment.

(18)

(a)

“Tobacco paraphernalia” means equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance, or a nontherapeutic nicotine device substance into the human body.

(b)

“Tobacco paraphernalia” includes:

(i)	metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii)	water pipes;

(iii)

carburetion tubes and devices;

(iv)	smoking and carburetion masks;

(v)	roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;

(vi)	chamber pipes;

(vii)

carburetor pipes;

(viii)

electric pipes;

(ix)	air-driven pipes;

(x)

chillums;

(xi)	bongs; and

(xii)

ice pipes or chillers.

(c)	“Tobacco paraphernalia” does not include matches or lighters.

(19)

“Tobacco product” means:

(a)

a cigar;

(b)	a cigarette; or

(c)

tobacco in any form, including:

(i)	chewing tobacco; and

(ii)	any substitute for tobacco, including flavoring or additives to tobacco.

(20)

“Tobacco retailer” means:

(a)	a general tobacco retailer, as that term is defined in Section 26B-7-501; or

(b)	a retail tobacco specialty business.

Amended by Chapter 330, 2023 General Session

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