Superseded 7/1/2026

585 words·~3 min read·/ut/title-4/chapter-45a/7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

Superseded 7/1/2026

4-45a-101. Definitions.

As used in this section:

(1)"Conventional food" means:

(a)an article used for food or drink for human or animal consumption or the components of the article; or

(b)chewing gum or chewing gum components.

(a)"Crime involving a nicotine containing product" means an offense described in any of the following sections:

(i)Section 76-9-1102 , Illegal sale of clove cigarette;

(ii)Section 76-9-1103 , Permitting minors to use tobacco or electronic cigarette product in place of business;

(iii)Section 76-9-1104 , Providing tobacco product, electronic cigarette product, or nicotine product to a minor;

(iv)Section 76-9-1105 , Providing tobacco paraphernalia to a minor;

(v)Section 76-9-1107 , Requirement of direct, face-to-face sale -- Restrictions on remote sales;

(vi)Section 76-9-1108 , Illegal presence of a minor inside a retail tobacco specialty business;

(vii)Section 76-9-1112 , Illegal provision of smokeless tobacco or electronic cigarette product;

(viii)Section 76-9-1113 , Illegal distribution of a tobacco product on school property;

(ix)Section 76-9-1114 , Illegal distribution of a flavored electronic cigarette product;

(x)Section 76-9-1115 , Illegal distribution of electronic cigarette product without premarket authorization; or

(xi)Section 76-9-1116 , Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.

(b)"Crime involving a nicotine containing product" includes a conviction for an offense previously in statute in this state that is the same or substantially similar to an offense described in Subsection (2)(a) .

(3)"Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 .

(4)"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business.

(5)"License" means the license described in Section 4-45a-102 .

(6)"Licensee" means a specialized product retailer licensed under Section 4-45a-102 .

(7)"Nicotine product" means the same as that term is defined in Section 76-9-1101 .

(8)"Product list" means a list of specialized products sold by a licensee.

(9)"Self-service display" means the same as that term is defined in Section 76-9-1107 .

(a)"Specialized product" means any product intended to be ingested, inhaled, absorbed, or introduced into the human body that is:

(i)a cannabinoid product as defined in Section 4-41-102 ;

(ii)a kratom product as defined in Section 4-45-102 ;

(iii)a tobacco product that is not tobacco paraphernalia;

(iv)a nicotine product;

(v)an electronic cigarette substance as defined in Section 76-9-1101 ;

(vi)a prefilled electronic cigarette as defined in Section 76-9-1101 ; or

(vii)a product containing a substance:

(A)not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; and

(B)that is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects.

(b)"Specialized product" includes a product described in Subsection (10)(a) even if the product complies with the federal Dietary Supplement Health and Education Act, 21 U.S.C. Sec. 321(ff) et seq.

(c)"Specialized product" does not include a conventional food product that does not contain any substance or product type described in Subsection (10)(a) .

(11)"Specialized product retailer" means a person that sells a specialized product.

(12)"Tobacco product" means:

(a)a tobacco product as defined in Section 76-9-1101 ; or

(b)tobacco paraphernalia as defined in Section 76-9-1101 .

(13)"Tobacco retailer" means a person that is required to obtain a State Tax Commission license for the sale of an electronic cigarette product, nicotine product, or tobacco product.

Enacted by Chapter 420 , 2026 General Session