Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 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 - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-10-105-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)