| (1) |
An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the individual’s possession a tobacco product, an electronic cigarette product, or a nicotine product is:
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Terms Used In Utah Code 76-10-105- 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:| (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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Tobacco product: means :
| (c) | tobacco in any form, including:| (ii) | any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101 |
| (a) |
guilty of an infraction; and |
| (b) |
subject to:
| (i) |
a minimum fine or penalty of $60; and |
| (ii) |
participation in a court-approved tobacco education or cessation program, which may include a participation fee. |
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| (2) |
| (a) |
An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual’s possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211. |
| (b) |
If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:
| (i) |
a fine or penalty, in accordance with Section 80-6-709; and |
| (ii) |
participation in a court-approved tobacco education program, which may include a participation fee. |
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| (3) |
| (a) |
A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property. |
| (b) |
A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211. |
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Amended by Chapter 262, 2021 General Session
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