Terms Used In Utah Code 76-10-104

• 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 Conduct: means an act or omission. See Utah Code 76-1-101.5 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 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 Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 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)  includes selling, giving, furnishing, sending, or causing to be sent; and (b)  does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package’s content. (2)  An individual who knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old, is guilty of: (a)  a class C misdemeanor on the first offense; (b)  a class B misdemeanor on the second offense; and (c)  a class A misdemeanor on any subsequent offense. (3)  This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-10-114. Amended by Chapter 302, 2020 General Session Amended by Chapter 347, 2020 General Session   Previous section Next section    Part 1 Contents