reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 404 - Rules for wastewater disposal systems.

Effective 5/3/2023
26B-7-404.
Rules for wastewater disposal systems.
The department shall establish rules necessary to protect the public health for the design, and construction, operation and maintenance of individual wastewater disposal systems.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 405 - Rules for controlling vector-borne diseases and pests.

Effective 5/3/2023
26B-7-405.
Rules for controlling vector-borne diseases and pests.
(1) As used in this section:
(a) "Pest" means a noxious, destructive, or troublesome organism whether plant or animal, when found in and around places of human occupancy, habitation, or use which threatens the public health or well-being of the people within the state.
(b) "Vector" means any organism, such as insects or rodents, that transmits a pathogen that can affect public health.
(2) The department shall adopt rules to provide for the protection of the public health by controlling or preventing the spread of vector-borne diseases and infections and to control or reduce pests by the elimination of insanitary conditions which may include but not be limited to breeding areas, shelter, harborage or sources of food associated with such diseases or pests.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 406 - Periodic evaluation of local health sanitation programs -- Minimum statewide enforcement standards -- Technical assistance.

Effective 5/3/2023
26B-7-406.
Periodic evaluation of local health sanitation programs -- Minimum statewide enforcement standards -- Technical assistance.
(1) The department shall periodically evaluate the sanitation programs of local health departments to determine the levels of sanitation being maintained throughout the state.
(2)
(a) The department shall ensure that each local health department's enforcement of the minimum rules of sanitation adopted under Section 26B-7-402 for restaurants and other places where food or drink is handled meets or exceeds minimum statewide enforcement standards established by the department by administrative rule.
(b) Administrative rules adopted under Subsection (2)(a) shall include at least:
(i) the minimum number of periodic on-site inspections that shall be conducted by each local health department;
(ii) criteria for conducting additional inspections; and
(iii) standardized methods to be used by local health departments to assess compliance with the minimum rules of sanitation adopted under Section 26B-7-402.
(c) The department shall help local health departments comply with the minimum statewide enforcement standards adopted under this Subsection (2) by providing technical assistance.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 408 - Procurement and use of a blood product is a service and not a sale -- Blood donation by a minor.

Effective 5/3/2023
26B-7-408.
Procurement and use of a blood product is a service and not a sale -- Blood donation by a minor.
(1) As used in this section:
(a) "Blood" means human blood.
(b) "Blood product" includes:
(i) whole blood;
(ii) blood plasma;
(iii) a blood derivative;
(iv) blood platelets; and
(v) blood clotting agents.
(2) The following are considered to be the rendition of a service by each participant and are not considered to be a sale:
(a) the procurement, processing, distribution, or use of a blood product for the purpose of injecting or transfusing the blood product into the human body; and
(b) the process of injecting or transfusing a blood product.
(3) A minor who is at least 16 years old may donate blood to a voluntary, noncompensatory blood donation program if a parent or legal guardian of the minor consents to the donation.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 409 - Scientific standards for methamphetamine decontamination -- Public education concerning methamphetamine contamination.

Effective 5/3/2023
26B-7-409.
Scientific standards for methamphetamine decontamination -- Public education concerning methamphetamine contamination.
(1) The department shall make rules adopting scientifically-based standards for methamphetamine decontamination.
(2) A local health department, as defined in Title 26A, Local Health Authorities, shall follow rules made by the department under Subsection (1) in administering Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
(3) The department shall conduct a public education campaign to inform the public about potential health risks of methamphetamine contamination.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 410 - Food service establishment requirements -- Enforcement -- Right of appeal -- Rulemaking -- Enforcement by local health departments.

Effective 5/3/2023
26B-7-410.
Food service establishment requirements -- Enforcement -- Right of appeal -- Rulemaking -- Enforcement by local health departments.
(1) Each food service establishment in the state shall be managed by at least one full-time certified food safety manager at each establishment site, who need not be present at the establishment site during all its hours of operation.
(2) Within 60 days of the termination of a certified food safety manager's employment that results in the food service establishment no longer being in compliance with Subsection (1), the food service establishment shall:
(a) employ a new certified food safety manager; or
(b) designate another employee to become the establishment's certified food safety manager who shall commence a department-approved food safety manager training course.
(3) Compliance with the 60-day time period provided in Subsection (2) may be extended by the local health department for reasonable cause, as determined by the department by rule.
(4)
(a) The local health department may determine whether a food service establishment is in compliance with this section by visiting the establishment during regular business hours and requesting information and documentation about the employment of a certified food safety manager.
(b) If a violation of this section is identified, the local health department shall propose remedial action to bring the food service establishment into compliance.
(c)
(i) A food service establishment receiving notice of a violation and proposed remedial action from a local health department may appeal the notice of violation and proposed remedial action pursuant to procedures established by the local health department, which shall be essentially consistent with the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
(ii) Notwithstanding the provisions of Section 63G-4-402, an appeal of a local health department decision shall be conducted as an original, independent proceeding, and not as a review of the proceedings conducted by the local health department.
(iii) The court shall give no deference to the findings or conclusions of the local health department.
(5)
(a) The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) a definition of "potentially hazardous foods" for purposes of this section and Section 26B-7-401; and
(ii) any provisions necessary to implement this section.
(b) The local health department with jurisdiction over the geographic area in which a food service establishment is located shall enforce the provisions of this section.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 411 - Exemptions to food service establishment requirements.

Effective 5/3/2023
26B-7-411.
Exemptions to food service establishment requirements.
(1) The following are not subject to the provisions of Section 26B-7-410:
(a) special events sponsored by municipal or nonprofit civic organizations, including food booths at school sporting events and little league athletic events and church functions;
(b) temporary event food services approved by a local health department;
(c) vendors and other food service establishments that serve only commercially prepackaged foods and beverages as defined by the department by rule;
(d) private homes not used as a commercial food service establishment;
(e) health care facilities licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection;
(f) bed and breakfast establishments at which the only meal served is a continental breakfast as defined by the department by rule;
(g) residential child care providers;
(h) child care providers and programs licensed under Chapter 2, Part 4, Child Care Licensing;
(i) back country food service establishments;
(j) an event that is sponsored by a charitable organization, if, at the event, the organization:
(i) provides food to a disadvantaged group free of charge; and
(ii) complies with rules established by the department under Subsection (3); and
(k) a lowest risk or permitted food establishment category determined by a risk assessment evaluation established by the department by administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) Nothing in this section may be construed as exempting a food service establishment described in Subsection (1) from any other applicable food safety laws of this state.
(3) The department may establish additional requirements, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for charitable organizations providing food for free under Subsection (1)(j).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 4 - General Sanitation and Food Safety › Section 414 - Impoundment of adulterated food products authorized.

Effective 5/3/2023
26B-7-414.
Impoundment of adulterated food products authorized.
The department and local health departments may impound any food products found in places where food or drink is handled, sold, or served to the public that is intended for but found to be adulterated and unfit for human consumption; and, upon five days' notice and reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same if deemed necessary for the protection of the public health.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 502 - Statutes on smoking considered public health laws.

Effective 5/3/2023
26B-7-502.
Statutes on smoking considered public health laws.
Section 26B-7-503 is a public health law and shall be enforced by the department and local health departments.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 504 - Gathering of information related to cigarettes and tobacco products.

Effective 5/3/2023
26B-7-504.
Gathering of information related to cigarettes and tobacco products.
(1) The department shall obtain annually publicly available information regarding cigarettes and tobacco products from other states and sources concerning:
(a) the presence of the following substances in detectable levels in a burned state and, if the cigarette or tobacco product is typically burned when consumed, in a burned state:
(i) ammonia or ammonia compounds;
(ii) arsenic;
(iii) cadmium;
(iv) formaldehyde; and
(v) lead; and
(b) a nicotine yield rating for the cigarette or tobacco product for which a rating has been developed.
(2) Information obtained by the department under Subsection (1) is a public record and may be disclosed in accordance with Section 63G-2-201 and disseminated generally by the department.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 505 - Electronic cigarette products -- Labeling -- Requirements to sell -- Advertising -- Labeling of nicotine products containing nicotine.

Effective 5/3/2023
26B-7-505.
Electronic cigarette products -- Labeling -- Requirements to sell -- Advertising -- Labeling of nicotine products containing nicotine.
(1) The department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance that is not a manufacturer sealed electronic cigarette substance regarding:
(a) labeling;
(b) nicotine content;
(c) packaging; and
(d) product quality.
(2) On or before January 1, 2021, the department shall, in consultation with a local health department and with input from members of the public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements to sell a manufacturer sealed electronic cigarette product regarding:
(a) labeling;
(b) nicotine content;
(c) packaging; and
(d) product quality.
(3)
(a) A person may not sell an electronic cigarette substance unless the electronic cigarette substance complies with the requirements established by the department under Subsection (1).
(b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic cigarette product unless the manufacturer sealed electronic cigarette product complies with the requirements established by the department under Subsection (2).
(4)
(a) A local health department may not enact a rule or regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or product quality that is not identical to the requirements established by the department under Subsections (1) and (2).
(b) Except as provided in Subsection (4)(c), a local health department may enact a rule or regulation regarding electronic cigarette substance manufacturing.
(c) A local health department may not enact a rule or regulation regarding a manufacturer sealed electronic cigarette product.
(5) A person may not advertise an electronic cigarette product as a tobacco cessation device.
(6) Any nicotine product shall contain the statement described in Subsection (7) if the nicotine product:
(a)
(i) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal regulations; or
(ii) is not otherwise required under federal or state law to contain a nicotine warning; and
(b) contains nicotine.
(7) A statement shall appear on the exterior packaging of a nicotine product described in Subsection (6) as follows:
"This product contains nicotine."
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 506 - Regulation of tobacco retailers.

Effective 5/3/2023
26B-7-506.
Regulation of tobacco retailers.
The regulation of a tobacco retailer is an exercise of the police powers of the state, and through delegation, to other governmental entities.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 507 - Permitting requirement.

Effective 5/3/2023
26B-7-507.
Permitting requirement.
(1)
(a) A tobacco retailer shall hold a valid tobacco retail permit issued in accordance with this part by the local health department with jurisdiction over the physical location where the tobacco retailer operates.
(b) A tobacco retailer without a valid permit may not:
(i) place a tobacco product, an electronic cigarette product, or a nicotine product in public view;
(ii) display any advertisement related to a tobacco product, an electronic cigarette product, or a nicotine product that promotes the sale, distribution, or use of those products; or
(iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco, a tobacco product, an electronic cigarette product, or a nicotine product.
(2) A local health department may issue a permit under this part for a tobacco retailer in the classification of:
(a) a general tobacco retailer; or
(b) a retail tobacco specialty business.
(3) A permit under this part is:
(a) valid only for one physical location, including a vending machine;
(b) valid only at one fixed business address; and
(c) if multiple tobacco retailers are at the same address, separately required for each tobacco retailer.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 509 - Permit term and fees.

Effective 5/3/2023
26B-7-509.
Permit term and fees.
(1)
(a) The term of a permit issued to a retail tobacco specialty business is one year.
(b) The term of a permit issued to a general tobacco retailer is two years.
(2)
(a) A local health department may not issue a permit until the applicant has paid a permit fee to the local health department of:
(i) $30 for a new permit;
(ii) $20 for a permit renewal; or
(iii) $30 for reinstatement of a permit that has been revoked, suspended, or allowed to expire.
(b) A local health department that collects fees under Subsection (2)(a) shall use the fees to administer the permit requirements described in Sections 26B-7-506 through 26B-7-521.
(c) In addition to the fee described in Subsection (2)(a), a local health department may establish and collect a fee to perform a plan review for a retail tobacco specialty business permit.
(3) A permit holder may apply for a renewal of a permit no earlier than 30 days before the day on which the permit expires.
(4) A tobacco retailer that fails to renew a permit before the permit expires may apply to reinstate the permit by submitting to the local health department:
(a) the information required in Subsection 26B-7-508(3) and, if applicable, Subsection 26B-7-508(4);
(b) the fee for the reinstatement of a permit; and
(c) a signed affidavit affirming that the tobacco retailer has not violated the prohibitions in Subsection 26B-7-507(1)(b) after the permit expired.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 510 - Permit nontransferable.

Effective 5/3/2023
26B-7-510.
Permit nontransferable.
(1) A permit is nontransferable.
(2) If the information described in Subsection 26B-7-508(3) changes, a tobacco retailer:
(a) may not renew the permit; and
(b) shall apply for a new permit no later than 15 days after the information in Subsection 26B-7-508(3) changes.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 511 - Permit requirements for a retail tobacco specialty business.

Effective 5/3/2023
26B-7-511.
Permit requirements for a retail tobacco specialty business.
(1) A retail tobacco specialty business shall:
(a) electronically verify proof of age for any individual that enters the premises of the business in accordance with Section 26B-7-521;
(b) except as provided in Subsection 76-10-105.1(4), prohibit any individual from entering the business if the individual is under 21 years old; and
(c) prominently display at the retail tobacco specialty business a sign on the public entrance of the business that communicates:
(i) the prohibition on the presence of an individual under 21 years old in a retail tobacco specialty business in Subsection 76-10-105.1(4); and
(ii) the prohibition on the sale of tobacco products and electronic cigarette products to an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1, and 76-10-114.
(2) A retail tobacco specialty business may not:
(a) employ an individual under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product; or
(b) permit an employee under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 512 - Requirements for the sale of tobacco product, electronic cigarette product, or nicotine product.

Effective 5/3/2023
26B-7-512.
Requirements for the sale of tobacco product, electronic cigarette product, or nicotine product.
(1) A tobacco retailer shall:
(a) provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
(iii) the date and time of the sale; and
(b) maintain an itemized transaction log for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
(iii) the date and time of the sale.
(2) The itemized transaction log described in Subsection (1)(b) shall be:
(a) maintained for at least one year after the date of each transaction in the itemized transaction log;
(b) made available to an enforcing agency or a peace officer at the request of the enforcing agency or the peace officer; and
(c) in addition to any documentation required under Section 59-1-1406 and Subsection 59-14-805(2).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 513 - Permit requirements for the sale of tobacco products and electronic cigarette products.

Effective 5/3/2023
26B-7-513.
Permit requirements for the sale of tobacco products and electronic cigarette products.
(1) A tobacco retailer shall:
(a) provide the customer with an itemized receipt for each sale of a tobacco product or an electronic cigarette product that separately identifies:
(i) the name of the tobacco product or the electronic cigarette product;
(ii) the amount charged for each tobacco product or electronic cigarette product; and
(iii) the time and date of the sale; and
(b) maintain an itemized transaction log for each sale of a tobacco product or an electronic cigarette product that separately identifies:
(i) the name of the tobacco product or the electronic cigarette product;
(ii) the amount charged for each tobacco product or electronic cigarette product; and
(iii) the date and time of the sale.
(2) The itemized transaction log described in Subsection (1)(b) shall be:
(a) maintained for at least one year after the date of each transaction in the itemized transaction log; and
(b) made available to an enforcing agency or a peace officer at the request of the enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 514 - Permit violation.

Effective 5/3/2023
26B-7-514.
Permit violation.
A person is in violation of the permit issued under this part if the person violates:
(1) a provision of this part;
(2) a provision of licensing laws under Section 10-8-41.6 or Section 17-50-333;
(3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical Solvents;
(4) a provision of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(5) a regulation restricting the sale and distribution of cigarettes and smokeless tobacco issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or
(6) any other provision of state law or local ordinance regarding the sale, marketing, or distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 515 - Enforcement by state and local health departments.

Effective 5/3/2023
26B-7-515.
Enforcement by state and local health departments.
The department and local health departments shall enforce Sections 26B-7-506 through 26B-7-521 under the procedures of Title 63G, Chapter 4, Administrative Procedures Act, as an informal adjudicative proceeding, including:
(1) notifying a tobacco retailer of alleged violations;
(2) conducting hearings;
(3) determining violations; and
(4) imposing civil administrative penalties.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 516 - Inspection of retail tobacco businesses.

Effective 5/3/2023
26B-7-516.
Inspection of retail tobacco businesses.
The department or a local health department may inspect a tobacco retailer to determine whether the tobacco retailer:
(1) continues to meet the qualifications for the permit issued under this part;
(2) if applicable, continues to meet the requirements for a retail tobacco specialty business license issued under Section 10-8-41.6 or Section 17-50-333;
(3) engaged in a pattern of unlawful activity under Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(4) violated any of the regulations restricting the sale and distribution of cigarettes and smokeless tobacco issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or
(5) has violated any other provision of state law or local ordinance.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 517 - Hearing -- Evidence of criminal conviction.

Effective 5/3/2023
26B-7-517.
Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 26B-7-515, evidence of the final criminal conviction of a tobacco retailer for violation of Section 76-10-114 at the same location and within the same time period as the location and time period alleged in the civil hearing for violation of this part for sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old is prima facie evidence of a violation of this part.
(2) If the tobacco retailer is convicted of violating Section 76-10-114, the enforcing agency:
(a) shall assess an additional monetary penalty under this part for the same offense for which the conviction was obtained; and
(b) shall revoke or suspend a permit in accordance with Section 26B-7-518.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 519 - Recognition of tobacco retailer training program.

Effective 5/3/2023
26B-7-519.
Recognition of tobacco retailer training program.
(1) In determining the amount of the monetary penalty to be imposed for a violation of this part, a hearing officer shall reduce the civil penalty by at least 50% if the hearing officer determines that:
(a) the tobacco retailer has implemented a documented employee training program; and
(b) the employees have completed that training program within 30 days after the day on which each employee commences the duties of selling a tobacco product, an electronic cigarette product, or a nicotine product.
(2)
(a) For the first offense at a location, if the hearing officer determines under Subsection (1) that the tobacco retailer has not implemented a documented training program with a written curriculum for employees at that location regarding compliance with this chapter, the hearing officer may suspend all or a portion of the penalty if:
(i) the tobacco retailer agrees to initiate a training program for employees at that location; and
(ii) the training program begins within 30 days after the hearing officer makes a determination under this Subsection (2)(a).
(b) If the hearing officer determines at a subsequent hearing that the tobacco retailer has not implemented the training program within the time period required under Subsection (2)(a)(ii), the hearing officer shall promptly impose the suspended monetary penalty, unless the tobacco retailer demonstrates good cause for an extension of time for implementation of the training program.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 520 - Allocation of civil penalties.

Effective 5/3/2023
26B-7-520.
Allocation of civil penalties.
Civil monetary penalties collected under Section 26B-7-518 shall be allocated as follows:
(1) if a local health department conducts an adjudicative proceeding under Section 26B-7-515, the penalty shall be paid to the treasurer of the county in which the violation was committed, and transferred to the local health department; and
(2) if the department conducts a civil hearing under Section 26B-7-515, the penalty shall be deposited in the state's General Fund, and may be appropriated by the Legislature to the department for use in enforcement of this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 7 - Public Health and Prevention › Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products › Section 521 - Verification of proof of age.

Effective 5/3/2023
26B-7-521.
Verification of proof of age.
(1) As used in this section:
(a) "Employee" means an employee of a retail tobacco specialty business.
(b) "Electronic verification program" means a technology used by a retail tobacco specialty business to confirm proof of age for an individual.
(2) A retail tobacco specialty business shall require that an employee verify proof of age as provided in this section.
(3) To comply with Subsection (2), an employee shall:
(a) request the individual present proof of age; and
(b) verify the validity of the proof of age electronically in accordance with Subsection (4).
(4) A retail tobacco specialty business shall use an electronic verification program to assist the business in complying with the requirements of this section.
(5)
(a) A retail tobacco specialty business may not disclose information obtained under this section except as provided under this part.
(b) Information obtained under this section:
(i) shall be kept for at least 180 days; and
(ii) is subject to inspection upon request by a peace officer or the representative of an enforcing agency.
(6)
(a) If an employee does not verify proof of age under this section, the employee may not permit an individual to:
(i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
(ii) purchase a tobacco product or an electronic cigarette product.
(b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years old may be permitted to enter a retail tobacco specialty business if the individual is:
(i) accompanied by a parent or legal guardian who provides proof of age; or
(ii)
(A) present at the retail tobacco specialty business solely for the purpose of providing a commercial service to the retail tobacco specialty business, including making a commercial delivery;
(B) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and
(C) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (6)(b)(ii)(A).
(7) To determine whether the individual described in Subsection (2) is 21 years old or older, the following may request an individual described in Subsection (2) to present proof of age:
(a) an employee;
(b) a peace officer; or
(c) a representative of an enforcing agency.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 105 - Requirement to obtain parents' social security numbers.

Effective 5/3/2023
26B-8-105.
Requirement to obtain parents' social security numbers.
(1) For each live birth that occurs in this state, the administrator of the birthing facility, as defined in Section 26B-8-104, or other person responsible for completing and filing the birth certificate under Section 26B-8-104 shall obtain the social security numbers of each parent and provide those numbers to the state registrar.
(2) Each parent shall furnish his or her social security number to the person authorized to obtain the numbers under Subsection (1) unless a court or administrative agency has determined there is good cause for not furnishing a number under Subsection (1).
(3) The state registrar shall, as soon as practicable, supply those social security numbers to the Office of Recovery Services within the department.
(4) The social security numbers obtained under this section may not be recorded on the child's birth certificate.
(5) The state may not use any social security number obtained under this section for any reason other than enforcement of child support orders in accordance with the federal Family Support Act of 1988, Pub. L. No. 100-485.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 106 - Foundling certificates.

Effective 5/3/2023
26B-8-106.
Foundling certificates.
(1) A foundling certificate shall be filed for each infant of unknown parentage found in the state. The certificate shall be prepared and filed with the local registrar of the district in which the infant was found by the person assuming custody.
(2) The certificate shall be filed within 10 days after the infant is found and is acceptable for all purposes in lieu of a certificate of birth.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 107 - Correction of errors or omissions in vital records -- Conflicting birth and foundling certificates -- Rulemaking.

Effective 5/3/2023
26B-8-107.
Correction of errors or omissions in vital records -- Conflicting birth and foundling certificates -- Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules:
(a) governing applications to correct alleged errors or omissions on any vital record;
(b) establishing procedures to resolve conflicting birth and foundling certificates;
(c) allowing for the correction and reissuance of a vital record that was originally created omitting a diacritical mark; and
(d) notwithstanding any other provision of law, allowing for the change of a child's name on the child's birth certificate within one year from the day the child is born.
(2) For a birth certificate, the department may correct an error or omission under Subsection (1)(a) if:
(a) the error or omission is a result of a scrivener's error or a data entry error; and
(b) the department receives:
(i)
(A) an affidavit from the applicant attesting that there is an error on the birth certificate;
(B) supporting documentation from the health care facility or attending health care provider; and
(C) an affidavit from the health care facility or health care provider described in Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting documentation; or
(ii) documentation deemed sufficient by the state registrar to establish the facts of the error or omission.
(3) The department may amend a birth certificate's sex designation for an intersex individual at the request of the individual or the guardian of the individual if:
(a) the sex designation indicating the biological sex at birth of the individual was misidentified on the original certificate due to the individual's condition; and
(b) the department receives:
(i) a correction affidavit attesting the individual is intersex;
(ii) chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm the individual is intersex; and
(iii) an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test or analyzed the test results, attesting to the test results and accuracy.
Renumbered and Amended by Chapter 306, 2023 General Session
Amended by Chapter 493, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 108 - Birth certificates -- Delayed registration.

Effective 5/3/2023
26B-8-108.
Birth certificates -- Delayed registration.
(1) When a certificate of birth of a person born in this state has not been filed within the time provided in Subsection 26B-8-104(2), a certificate of birth may be filed in accordance with department rules and subject to this section.
(2)
(a) The registrar shall mark a certificate of birth as "delayed" and show the date of registration if the certificate is registered one year or more after the date of birth.
(b) The registrar shall abstract a summary statement of the evidence submitted in support of delayed registration onto the certificate.
(3) When the minimum evidence required for delayed registration is not submitted or when the state registrar has reasonable cause to question the validity or adequacy of the evidence supporting the application, and the deficiencies are not corrected, the state registrar:
(a) may not register the certificate; and
(b) shall provide the applicant with a written statement indicating the reasons for denial of registration.
(4) The state registrar has no duty to take further action regarding an application which is not actively pursued.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 109 - Birth certificates -- Petition for issuance of delayed certificate -- Court procedure.

Effective 5/3/2023
26B-8-109.
Birth certificates -- Petition for issuance of delayed certificate -- Court procedure.
(1)
(a) If registration of a certificate of birth under Section 26B-8-108 is denied, the person seeking registration may bring an action by a verified petition in the Utah court encompassing where the petitioner resides or in the district encompassing Salt Lake City.
(b) The petition shall request an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(2) The petition shall be on a form furnished by the state registrar and shall allege:
(a) the person for whom registration of a delayed certificate is sought was born in this state and is still living;
(b) no registered certificate of birth of the person can be found in the state office of vital statistics or the office of any local registrar;
(c) diligent efforts by the petitioner have failed to obtain the evidence required by department rule; and
(d) the state registrar has denied the petitioner's request to register a delayed certificate of birth.
(3) The petition shall be accompanied by a written statement of the state registrar indicating the reasons for denial of registration and all documentary evidence which was submitted in support of registration.
(4) The court shall fix a time and place for hearing the petition and shall give the state registrar 15 days' notice of the hearing. The state registrar or his authorized representative may appear and testify at the hearing.
(5)
(a) If the court finds the person for whom registration of a certificate of birth is sought under Section 26B-8-108 was born in this state, it shall make findings as to the place and date of birth, parentage, and other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a court-ordered delayed certificate of birth.
(b) The order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.
(c) The clerk of the court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which the order was entered.
(d) The order described in Subsection (5)(a) shall be registered by the state registrar and constitutes the certificate of birth.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 110 - Supplementary certificate of birth.

Effective 5/3/2023
26B-8-110.
Supplementary certificate of birth.
(1) An individual born in this state may request the state registrar to register a supplementary birth certificate for the individual if:
(a) the individual is legally recognized as a child of the individual's natural parents when the individual's natural parents are subsequently married;
(b) the individual's parentage has been determined by a state court of the United States or a Canadian provincial court with jurisdiction; or
(c) the individual has been legally adopted, as a child or as an adult, under the law of this state, any other state, or any province of Canada.
(2) The application for registration of a supplementary birth certificate may be made by:
(a) the individual requesting registration under Subsection (1) if the individual is of legal age;
(b) a legal representative; or
(c) any agency authorized to receive children for placement or adoption under the laws of this or any other state.
(3)
(a) The state registrar shall require that an applicant submit identification and proof according to department rules.
(b) In the case of an adopted individual, that proof may be established by order of the court in which the adoption proceedings were held.
(4)
(a) After the supplementary birth certificate is registered, any information disclosed from the record shall be from the supplementary birth certificate.
(b) Access to the original birth certificate and to the evidence submitted in support of the supplementary birth certificate are not open to inspection except upon the order of a Utah district court or as described in Section 78B-6-141 or Section 78B-6-144.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 112 - Certified copies of birth certificates -- Fees credited to Children's Account.

Effective 5/3/2023
26B-8-112.
Certified copies of birth certificates -- Fees credited to Children's Account.
(1) In addition to the fees provided for in Section 26B-1-209, the department and local registrars authorized to issue certified copies shall charge an additional $3 fee for each certified copy of a birth certificate, including certified copies of supplementary and amended birth certificates, under Sections 26B-8-108 through 26B-8-111.
(2) The additional fee described in Subsection (1) may be charged only for the first copy requested at any one time.
(3) The fee shall be transmitted monthly to the state treasurer and credited to the Children's Account created in Section 80-2-501.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 113 - Fee waived for certified copy of birth certificate.

Effective 5/3/2023
26B-8-113.
Fee waived for certified copy of birth certificate.
(1) Notwithstanding Sections 26B-1-209 and 26B-6-112, the department shall waive a fee that would otherwise be charged for a certified copy of a birth certificate, if the individual whose birth is confirmed by the birth certificate is:
(a) the individual requesting the certified copy of the birth certificate; and
(b)
(i) homeless, as defined in Section 26B-3-207;
(ii) a person who is homeless, as defined in Section 35A-5-302;
(iii) an individual whose primary nighttime residence is a location that is not designed for or ordinarily used as a sleeping accommodation for an individual;
(iv) a homeless service provider as verified by the Department of Workforce Services; or
(v) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.
(2) To satisfy the requirement in Subsection (1)(b), the department shall accept written verification that the individual is homeless or a person, child, or youth who is homeless from:
(a) a homeless shelter;
(b) a permanent housing, permanent, supportive, or transitional facility, as defined in Section 35A-5-302;
(c) the Department of Workforce Services;
(d) a homeless service provider as verified by the Department of Workforce Services; or
(e) a local educational agency liaison for homeless children and youth designated under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
Renumbered and Amended by Chapter 306, 2023 General Session