Utah Code 76-10-112. Prohibition of distribution of a tobacco product — Exceptions
Current as of: 2024 | Check for updates
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(1) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, or retailer to give or distribute a tobacco product in this state without charge.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-112
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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
- Tobacco product: means :(20)(a) a cigar;(20)(b) a cigarette; or(20)(c) tobacco in any form, including:(20)(c)(i) chewing tobacco; and(20)(c)(ii) any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101
- Tobacco retailer: means :
(21)(a) a general tobacco retailer, as that term is defined in Section26B-7-501 ; or(21)(b) a retail tobacco specialty business. See Utah Code 76-10-101(2) An individual who violates this subsection is guilty of:(2)(a) a class C misdemeanor for the first offense; and(2)(b) a class B misdemeanor for any subsequent offense.(3) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.(4) The prohibition described in Subsection (1) does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual’s purchase of a tobacco product. - Tobacco retailer: means :