Superseded 1/1/2027

462 words·~2 min read·/ut/title-76/chapter-9/1

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

Effective 5/7/2025

Superseded 1/1/2027

76-9-1107. Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

(a)As used in this section:

(A)"Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.

(B)"Face-to-face exchange" does not include a sale through a vending machine or a self-service display.

(ii)"Retailer" means a person who:

(A)sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or

(B)operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.

(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.

(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:

(a)is a retailer; and

(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:

(a)a class C misdemeanor on the first offense;

(b)a class B misdemeanor on the second offense; or

(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:

(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 is under 21 years old to be present if the individual:

(A)is accompanied by the actor's parent or legal guardian; or

(I)is present solely for the purpose of providing a service to the business, including making a delivery;

(II)is monitored by the proprietor business or an employee of the business; and

(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

(c)a sale at a retail tobacco specialty business.

(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.

(b)A violation of Subsection

(a)is an offense under Section 76-9-1104 .

Renumbered and Amended by Chapter 173 , 2025 General Session