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 101 - Definitions. (Effective 7/1/2020)


Published: 2020-07-01

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Effective 7/1/2020 76-10-101 Definitions.

As used in this part: (1)

(a) "Alternative nicotine product" means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:

(i) contains nicotine; (ii) is intended for human consumption; (iii) is not purchased with a prescription from a licensed physician; and (iv) is not approved by the United States Food and Drug Administration as nicotine replacement

therapy. (b) "Alternative nicotine product" includes:

(i) pure nicotine; (ii) snortable nicotine; (iii) dissolvable salts, orbs, pellets, sticks, or strips; and (iv) nicotine-laced food and beverage.

(c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.

(2) "Cigar" means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette.

(3) "Cigarette" means a product that contains nicotine, is intended to be 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).

(4) (a) "Electronic cigarette" means:

(i) any electronic oral device: (A) that provides an aerosol or a vapor of nicotine or other substance; and (B) which simulates smoking through the use or inhalation of the device;

(ii) a component of the device described in Subsection (4)(a)(i); or (iii) an accessory sold in the same package as the device described in Subsection (4)(a)(i).

(b) "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). (c) "Electronic cigarette" does not mean a medical cannabis device, as that term is defined in

Section 26-61a-102. (5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette substance,

or a prefilled electronic cigarette. (6) "Electronic cigarette substance" means any substance, including liquid containing nicotine,

used or intended for use in an electronic cigarette.

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(7) (a) "Flavored electronic cigarette product" means an electronic cigarette product that has a

taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.

(b) "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.

(c) "Flavored electronic cigarette product" does not include an electronic cigarette product that: (i) has a taste or smell of only tobacco, mint, or menthol; or (ii) has been approved by an order granting a premarket tobacco product application of the

electronic cigarette product by the United States Food and Drug Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i).

(8) "Nicotine" means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants.

(9) "Nicotine product" means an alternative nicotine product or a nontherapeutic nicotine product. (10)

(a) "Nontherapeutic nicotine device" means a device that: (i) has a pressurized canister that is used to administer nicotine to the user through inhalation

or intranasally; (ii) is not purchased with a prescription from a licensed physician; and (iii) is not approved by the United States Food and Drug Administration as nicotine replacement

therapy. (b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a

nontherapeutic nicotine nasal spray. (11) "Nontherapeutic nicotine device substance" means a substance that:

(a) contains nicotine; (b) is sold in a cartridge for use in a nontherapeutic nicotine device; (c) is not purchased with a prescription from a licensed physician; and (d) is not approved by the United States Food and Drug Administration as nicotine replacement

therapy. (12) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a nontherapeutic

nicotine device substance, or a prefilled nontherapeutic nicotine device. (13) "Place of business" includes:

(a) a shop; (b) a store; (c) a factory; (d) a public garage; (e) an office; (f) a theater; (g) a recreation hall; (h) a dance hall; (i) a poolroom; (j) a café; (k) a cafeteria; (l) a cabaret; (m) a restaurant; (n) a hotel; (o) a lodging house;

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(p) a streetcar; (q) a bus; (r) an interurban or railway passenger coach; (s) a waiting room; and (t) any other place of business.

(14) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled with an electronic cigarette substance.

(15) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.

(16) "Retail tobacco specialty business" means the same as that term is defined in Section 26-62-102.

(17) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment.

(18) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind that is used,

intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance, or a nontherapeutic nicotine device substance into the human body.

(b) "Tobacco paraphernalia" includes: (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,

permanent screens, hashish heads, or punctured metal bowls; (ii) water pipes; (iii) carburetion tubes and devices; (iv) smoking and carburetion masks; (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that has

become too small or too short to be held in the hand; (vi) chamber pipes; (vii) carburetor pipes; (viii) electric pipes; (ix) air-driven pipes; (x) chillums; (xi) bongs; and (xii) ice pipes or chillers.

(c) "Tobacco paraphernalia" does not include matches or lighters. (19) "Tobacco product" means:

(a) a cigar; (b) a cigarette; or (c) tobacco in any form, including:

(i) chewing tobacco; and (ii) any substitute for tobacco, including flavoring or additives to tobacco.

(20) "Tobacco retailer" means: (a) a general tobacco retailer, as that term is defined in Section 26-62-102; or (b) a retail tobacco specialty business.

Amended by Chapter 12, 2020 General Session Amended by Chapter 302, 2020 General Session Amended by Chapter 347, 2020 General Session