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