Utah Code 76-10-113. Prohibition on distribution of flavored electronic cigarette products
Current as of: 2023 | Check for updates
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76-10-113. Prohibition on distribution of flavored electronic cigarette products.
(1) | It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any person. |
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 76-10-113
- 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 - 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. 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
- Retail tobacco specialty business: means the same as that term is defined in Section 26B-7-501. 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 (2) An individual who violates this section is guilty of: (a) a class C misdemeanor for the first offense; and (b) a class B misdemeanor for any subsequent offense. Enacted by Chapter 302, 2020 General Session
- Electronic cigarette: includes an oral device that is: