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Utah statute

Utah Code Ann. § 76-9-1107 — Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

Current through 2026 General Session

Part of Part 11: Cigarettes, Tobacco, and Psychotoxic Chemical Solvents, Utah Code.

Amendment pending: a new version of this section takes effect Fri Jan 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).

Criminal charges under this statute

Full text of Utah Code Ann. § 76-9-1107

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-9-1107Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i)(A) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee. (1)(a)(i)(B) "Face-to-face exchange" does not include a sale through a vending machine or a self-service display. (1)(a)(ii) "Retailer" means a person who: (1)(a)(ii)(A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or (1)(a)(ii)(B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product. (1)(a)(iii) "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. (1)(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4), an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor: (2)(a) is a retailer; and (2)(b) sells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange. (3) A violation of Subsection (2) is: (3)(a) a class C misdemeanor on the first offense; (3)(b) a class B misdemeanor on the second offense; or (3)(c) a class A misdemeanor on the third or subsequent offense. (4) The face-to-face sale requirement in Subsection (2) does not apply to: (4)(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509; (4)(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility: (4)(b)(i) that is distinct and separate from the rest of the facility; and (4)(b)(ii) where the retailer only allows an individual who is under 21 years old to be present if the individual: (4)(b)(ii)(A) is accompanied by the actor's parent or legal guardian; or (4)(b)(ii)(B)(I) is present solely for the purpose of providing a service to the business, including making a delivery; (4)(b)(ii)(B)(II) is monitored by the proprietor business or an employee of the business; and (4)(b)(ii)(B)(III) is not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(ii)(B)(II); or (4)(c) a sale at a retail tobacco specialty business. (5)(a) An individual's parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product. (5)(b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

Official sources

Legal terms used in this section

Questions this section answers

Is illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product a felony or a misdemeanor in Utah?

It depends on the circumstances: illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product ranges from a Class C Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1107.

First offense: Class C Misdemeanor (Utah Code Ann. § 76-9-1107(3)(a)) · Second offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1107(3)(b)) · Third or subsequent offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1107(3)(c))

Which Utah statute covers illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product?

Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product is governed by Utah Code Ann. § 76-9-1107 (Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product).

This reference is informational and is not legal advice.