Terms Used In Utah Code > Title 26B > Chapter 7 > Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clandestine laboratory operation: means the:

  (i)	purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;

  (ii)	transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;

  (iii)

  setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;

  (iv)

  activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;

  (v)	illegal manufacture of specified controlled substances; or

  (vi)

  distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3 Community location: means the same as that term is defined: (a)  as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501 Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Counterfeit opioid: means an opioid or container or labeling of an opioid that: (i)  (A)  without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and (B)  a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or (ii)  (A)  is falsely represented to be any legally or illegally manufactured opioid; and (B)  a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3 Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501 Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501 Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3 Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2 Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2 Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the: (i)  compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid; (ii)  conversion of cocaine or methamphetamine to their base forms; or (iii)  extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3 Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2 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. Land: includes :Utah Code 68-3-12.5 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501 Manufacturer sealed electronic cigarette product: means : (a)  an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or (b)  a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3 Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Non-tobacco shisha: means any product that: (a)  does not contain tobacco or nicotine; and (b)  is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501 Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3 Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2 Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501 Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2 Person: means :Utah Code 68-3-12.5 Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3 Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2 Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including: (a)  buildings, offices, shops, elevators, or restrooms; (b)  means of transportation or common carrier waiting rooms; (c)  restaurants, cafes, or cafeterias; (d)  taverns as defined in Section 32B-1-102, or cabarets; (e)  shopping malls, retail stores, grocery stores, or arcades; (f)  libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas; (g)  barber shops, hair salons, or laundromats; (h)  sports or fitness facilities; (i)  common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these; (j)  (i)  any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and (ii)  any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present; (k)  public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located; (l)  any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families; (m)  any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor; (n)  any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business; (o)  any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and (p)  a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Proof of age: means : (i)  a valid identification card issued under 8; (ii)  a valid identification that: (A)  is substantially similar to an identification card issued under 8; (B)  is issued in accordance with the laws of a state other than Utah in which the identification is issued; (C)  includes date of birth; and (D)  has a picture affixed; (iii)  a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued; (iv)  a valid United States military identification card that: (A)  includes date of birth; and (B)  has a picture affixed; or (v)  a valid passport. See Utah Code 26B-7-501 Property: includes both real and personal property. See Utah Code 68-3-12.5 Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501 Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3 Regulated transaction: means any actual, constructive or attempted: (a)  transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or (b)  purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3 Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use: (a)  in both number of sales and volume of sales; and (b)  either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3 Retail tobacco specialty business: means the same as that term is defined: (a)  as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Smoking: means : (a)  the possession of any lighted or heated tobacco product in any form; (b)  inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains: (i)  tobacco or any plant product intended for inhalation; (ii)  shisha or non-tobacco shisha; (iii)  nicotine; (iv)  a natural or synthetic tobacco substitute; or (v)  a natural or synthetic flavored tobacco product; (c)  using an electronic cigarette; or (d)  using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501 Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2 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 Tax commission license: means a license issued by the State Tax Commission under: (a)  Section 59-14-201 to sell a cigarette at retail; (b)  Section 59-14-301 to sell a tobacco product at retail; or (c)  Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3 Tobacco product: means : (a)  a tobacco product as defined in Section 76-10-101; or (b)  tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501 Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5