Section 115 – Unlawful transfer or use of proof of age.
Effective 5/28/2021 76-10-115. Unlawful transfer or use of proof of age. (1) As used in this section: (a) “Proof of age” means: (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; (ii) a valid identification that: (A) is substantially similar to an identification card issued under Title 53, […]
Section 116 – Ordinances, rules, and regulations.
Effective 7/1/2020 76-10-116. Ordinances, rules, and regulations. (1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if: (a) the ordinance, rule, or regulation affects: (i) the minimum age of sale for a tobacco product, […]
Section 112 – Prohibition of distribution of a tobacco product — Exceptions.
Effective 7/1/2020 76-10-112. Prohibition of distribution of a tobacco product — Exceptions. (1) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, or retailer to give or distribute a tobacco product in this state without charge. (2) An individual who violates this subsection is guilty of: (a) a class C misdemeanor […]
Section 113 – Prohibition on distribution of flavored electronic cigarette products.
Effective 7/1/2020 76-10-113. Prohibition on distribution of flavored electronic cigarette products. (1) It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any person. (2) An individual who violates this section is guilty of: (a) […]
Section 114 – Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.
Effective 5/28/2021 76-10-114. Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product. (1) As used in this section: (a) “Compensatory service” means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment. (b) “Employee” means an employee or an owner of a tobacco retailer. […]
Section 104.1 – Providing tobacco paraphernalia to a minor — Penalties.
Effective 7/1/2020 76-10-104.1. Providing tobacco paraphernalia to a minor — Penalties. (1) As used in this section, “provides”: (a) includes selling, giving, furnishing, sending, or causing to be sent; and (b) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering […]
Section 105 – Buying or possessing a tobacco product or an electronic cigarette product by a minor — Penalty — Compliance officer authority — Juvenile court jurisdiction.
Effective 9/1/2021 76-10-105. Buying or possessing a tobacco product or an electronic cigarette product by a minor — Penalty — Compliance officer authority — Juvenile court jurisdiction. (1) An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the […]
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. […]
Section 105.3 – Prohibition of sale or gift of clove cigarettes.
76-10-105.3. Prohibition of sale or gift of clove cigarettes. It is unlawful for any person to knowingly sell, offer for sale, give or furnish any clove cigarette in this state. For purposes of this section “clove cigarette” means any cigarette which contains more than 10%, by weight, of raw eugenia caryophyllata or caryophyllus, commonly known […]
Section 107 – Abuse of psychotoxic chemical solvents.
76-10-107. Abuse of psychotoxic chemical solvents. (1) A person is guilty of abuse of psychotoxic chemical solvents if: (a) for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally: (i) smells or inhales the fumes of any psychotoxic chemical solvent; or (ii) […]