Section 28-11-1 Legislative intent. It is the intent of the Legislature to prohibit access to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years and prevent all of the following: (1) The possibility of addiction to tobacco, tobacco products, alternative nicotine products, and electronic nicotine […]
Section 28-11-10 Disposition of funds. All funds collected pursuant to this chapter shall be deposited into the State General Fund. (Acts 1997, No. 97-423, p. 721, §10.)
Section 28-11-11 Annual report. The board shall issue an annual report to the Governor, the Legislature, and the Attorney General concerning compliance by state retail merchants with this chapter. The report shall contain all of the following: (1) The total number of retail distributors of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine […]
Section 28-11-12 Advisory board. (a) An advisory board shall be established to monitor the implementation of this chapter. The advisory board shall meet at least quarterly. Representation shall consist of one representative from each of the following: (1) The Office of the Governor. (2) The Office of the Attorney General. (3) The Department of Mental […]
Section 28-11-13 Unlawful for minors to purchase, use, possess, or transport tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product. THIS SECTION WAS AMENDED BY ACT 2021-453 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) It is unlawful for any individual under the […]
Section 28-11-14 Fines for unlawful possession of contraband. (a) Any tobacco, tobacco product, alternative nicotine product, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under the age of 21 years is contraband and subject to seizure by law enforcement. Any individual under the age of 21 years […]
Section 28-11-15 Posting of signs regarding sale to individuals under the age of 21 years and proof of age requirements. Any person who distributes tobacco or tobacco products within this state shall post conspicuously and keep so posted at each location of distribution and vending machines a sign that is placed in a way that […]
Section 28-11-16 Advertising restrictions. “(a)(1) A retailer or manufacturer of electronic nicotine delivery systems or alternative nicotine products may not advertise an electronic nicotine delivery system or an alternative nicotine product in any of the following ways: a. As a tobacco cessation product. b. As a healthier alternative to smoking. c. As available for purchase […]
Section 28-11-17 Distribution, sale, etc., in violation of federal law or FDA rule. (a) It is unlawful to distribute, sell, or offer for sale any electronic nicotine delivery system or alternative nicotine product that cannot be legally marketed under federal law or FDA rule, regulation, or guidance. (b) Each violation of subsection (a) shall be […]
Section 28-11-17.1 Certification requirements for e-liquid manufacturers and manufacturers of alternative nicotine products; directory; FDA approval; violations. (a)(1) Beginning March 1, 2022, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer and manufacturer of alternative nicotine products whose products […]
Section 28-11-18 Child-resistant packaging; warning signs. (a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant packaging. (b) A specialty retailer of electronic nicotine delivery systems shall display in a prominent area of the retail store near the point of […]
Section 28-11-19 Limitations on location of retail businesses. (a) Beginning January 1, 2020, a county may not issue a license to conduct business as a specialty retailer of electronic nicotine delivery systems if the retail business is located within 1,000 feet of any of the following: (1) A public or private K-12 school. (2) A […]
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT. The term alternative nicotine product includes any product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or […]
Section 28-11-20 Suspension or revocation of tobacco permit for default in payment; reinstatement of permit; rulemaking authority. (a)(1) No manufacturer or distributor shall sell, offer to sell, or deliver any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to any retailer in this state for any consideration other than cash or on […]
Section 28-11-21 Duties of Department of Mental Health; annual report; transitional grant monies. (a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, […]
Section 28-11-3 Minors enlisted to help board enforce state and federal laws. The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years. Notwithstanding […]
Section 28-11-4 Purpose of rules. Pursuant to its rulemaking authority, the board shall adopt rules that have the full force and effect of law, for purposes of the following: (1) Establishing permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products. (2) Preventing the distribution of tobacco, tobacco products, […]
Section 28-11-5 Tobacco prevention materials; funding. The board may use funding, if available, from the Department of Mental Health, other state or federal agencies, grants, and private or public organizations to enforce this chapter and to provide and distribute tobacco and nicotine prevention materials to retail tobacco merchants and specialty retailers of electronic nicotine delivery […]
Section 28-11-6 Distribution of tobacco or tobacco products. No tobacco or tobacco product, except cigars, shall be distributed unless in an original factory-wrapped container. This prohibition also applies to the distribution of single cigarettes and packages containing less than 20 cigarettes. (Acts 1997, No. 97-423, p. 721, §6.)
Section 28-11-6.1 Vending machines. (a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed by use of a vending machine unless the machine: (1) Is located in an area in which individuals under the age of 21 years are not permitted access; or (2) Dispenses tobacco, tobacco products, alternative […]
