2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 105.1 - Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product -- Minors not allowed in tobacco specialty shop -- Penalties.

Effective 5/5/2021
76-10-105.1.
Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product -- Minors not allowed in tobacco specialty shop -- Penalties.
(1) As used in this section:
(a)
(i) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.
(ii) "Face-to-face exchange" does not include a sale through a:
(A) vending machine; or
(B) self-service display.
(b) "Retailer" means a person who:
(i) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or
(ii) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.
(c) "Self-service display" means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer's employee.
(2) Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic cigarette product, or a nicotine product only in a face-to-face exchange.
(3) The face-to-face sale requirement in Subsection (2) does not apply to:
(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;
(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:
(i) that is distinct and separate from the rest of the facility; and
(ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or
(c) a sale at a retail tobacco specialty business.
(4) An individual who is under 21 years old may not enter or be present at a retail tobacco specialty business unless the individual is:
(a) accompanied by a parent or legal guardian; or
(b)
(i) present at the retail tobacco specialty business solely for the purpose of providing a service to the retail tobacco specialty business, including making a delivery;
(ii) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and
(iii) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i).
(5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual into an area described in Subsection (3)(b) or into a retail tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.
(6) A violation of Subsection (2) or (4) is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on any subsequent offenses.
(7) An individual who violates Subsection (5) is guilty of an offense under Section 76-10-104.
Amended by Chapter 348, 2021 General Session