76-10-105.1 - Requirement of direct, face-to-face sale of tobacco products and electronic cigarettes -- Supremacy clause -- Penalties.
76-10-105.1. Requirement of direct, face-to-face sale of tobacco products andelectronic cigarettes -- Supremacy clause -- Penalties.
(1) As used in this section:
(a) "Cigarette tobacco" means a product that consists of loose tobacco that contains ordelivers nicotine and is intended for use by a consumer in a cigarette.
(b) "Pipe tobacco" means a product that consists of loose tobacco that contains ordelivers nicotine and is intended to be smoked by a consumer in a pipe.
(c) "Retailer" means a person who sells cigarettes, electronic cigarettes, cigars, cigarettetobacco, pipe tobacco, or smokeless tobacco to individuals for personal consumption or whooperates a facility where a vending machine or a self-service display is permitted underSubsection (3)(b).
(d) "Self-service display" means a display of cigarettes, electronic cigarettes, cigars,cigarette tobacco, pipe tobacco, or smokeless tobacco products to which the public has accesswithout the intervention of a retail employee.
(e) "Smokeless tobacco" means a product that consists of cut, ground, powdered, or leaftobacco that contains nicotine and that is intended to be placed in the oral cavity.
(2) (a) Except as provided in Subsection (3), a retailer may sell cigarettes, electroniccigarettes, cigars, cigarette tobacco, pipe tobacco, and smokeless tobacco only in a direct,face-to-face exchange between:
(i) an employee of the retailer; and
(ii) the purchaser.
(b) Examples of methods that are not permitted include vending machines andself-service displays.
(c) Subsections (2)(a) and (b) do not prohibit the use or display of locked cabinetscontaining cigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokelesstobacco if the locked cabinets are accessible only to the retailer or the retailer's employees.
(3) The following sales are permitted as exceptions to Subsection (2):
(a) mail-order sales, if the provisions of Section 59-14-509 are met;
(b) sales from vending machines, including vending machines that sell packaged, singlecigarettes or cigars, and self-service displays that are located in a separate and defined area withina facility where the retailer ensures that no person younger than 19 years of age is present, orpermitted to enter, at any time, unless accompanied by a parent or legal guardian; and
(c) sales by a retailer from a retail store which derives at least 80% of its revenue fromtobacco and tobacco related products and where the retailer ensures that no person younger than19 years of age is present, or permitted to enter at any time, unless accompanied by a parent orlegal guardian.
(4) Any ordinance, regulation, or rule adopted by the governing body of a politicalsubdivision of the state or by a state agency that affects the sale, placement, or display ofcigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless tobacco thatis not essentially identical to the provisions of this section and Section 76-10-102 is superseded.
(5) (a) A parent or legal guardian who accompanies a person younger than 19 years ofage into an area described in Subsection (3)(b) or into a retail store as described in Subsection(3)(c) and permits the person younger than 19 years of age to purchase or otherwise take a cigar,cigarette, electronic cigarette, or tobacco in any form is guilty of providing tobacco as providedfor in Section 76-10-104 and the penalties provided for in that section.
(b) Nothing in this section may be construed as permitting a person to provide tobacco toa minor in violation of Section 76-10-104.
(6) Violation of Subsection (2) or (3) is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on the third and all subsequent offenses.
Amended by Chapter 114, 2010 General Session