Nicotine Amendments

66
26A-1-131
53-1-123
59-14-201
59-14-202
59-14-203
59-14-301
59-14-803
59-14-810
76-9-1116
0
Nicotine Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Jefferson S. Burton
LONG TITLE
General Description:
This bill amends provisions related to products that contain nicotine.
Highlighted Provisions:
This bill:
repeals provisions related to local health department inspections of electronic cigarette
retailers;
amends provisions related to fees to be collected by the State Tax Commission for the
sale of tobacco products, nicotine products, and electronic cigarette products;
directs that certain fee money be used to dispose of confiscated electronic cigarette
products and additional enforcement;
amends provisions related to fines and license suspensions for selling products not listed
on the electronic cigarette product registry; and
amends criminal penalties related to the sale of a product containing nicotine.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26A-1-131
Effective
05/06/26
, as enacted by Laws of Utah 2024, Chapter 470
59-14-201
Effective
01/01/27
, as last amended by Laws of Utah 2018, Chapter 231
59-14-202
Effective
01/01/27
, as last amended by Laws of Utah 2004, Chapter 217
59-14-203
Effective
01/01/27
, as last amended by Laws of Utah 2004, Chapter 217
59-14-301
Effective
01/01/27
, as last amended by Laws of Utah 2011, Chapter 96
59-14-803
Effective
01/01/27
, as last amended by Laws of Utah 2020, Chapter 347
59-14-810
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
76-9-1116
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
ENACTS:
53-1-123
Effective
01/01/27
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26A-1-131
is amended to read:
26A-1-131
Effective
05/06/26
. Electronic cigarette registry enforcement.
(1)
(a)
A local health department may examine the books, papers, and records of a
retailer in this state, for the purpose of determining compliance with Section
59-14-810
.
(b)
A local health department may make the inspections and examinations at any time
during ordinary business hours, and may inspect the premises and all desks, safes,
vaults, and other fixtures and furniture contained in or upon the premises for the
purpose of ascertaining whether an electronic cigarette product is held or possessed
in violation of Section
59-14-810
.
(c)
Unannounced follow-up examinations of all retailers are required within 30 days
after any violation of Section
59-14-810
.
(d)
(1)
(a)
A local health department may conduct regular inspections of a business that
sells an electronic cigarette product as that term is defined in Section
76-10-101
, in
accordance with the provisions of Section
26B-7-516
.
(b)
A local health department shall publish the results of all
examinations
inspections
at
least annually and shall make the results available to the public on request.
(e)
(c)
Any electronic cigarette product offered for sale in violation of Section
59-14-810
is declared to be a contraband good and shall be immediately embargoed
by a local health department.
(f)
(d)
An electronic cigarette product described in Subsection
(1)(e)
(1)(c)
may be
embargoed
without a warrant
by:
(i)
a local health department; or
(ii)
a law enforcement agency of this state if directed by a local health department
with jurisdiction over where the product is found.
(g)
(e)
The cost of embargoing shall be borne by the retailer.
(h)
(f)
In an action brought under this section, a local health department may recover
reasonable expenses incurred in investigating and preparing the case and attorney
fees.
(i)
(g)
A retailer shall remove any embargoed electronic cigarette product from the
retailer's active inventory and work with the wholesaler or distributor to return or
dispose the electronic cigarette product.
(2)
(a)
A local health department shall disclose to the attorney general any information
received under this section which is requested by the attorney general for purposes of
determining compliance with and enforcing the provisions of this section or Section
59-14-810
.
(b)
A local health department and the attorney general shall share with each other
information received under this section and Section
59-14-810
or corresponding laws
of other states.
(c)
A local health department shall provide any necessary information to the State Tax
Commission regarding violations of Section
59-14-810
.
(3)
A monetary penalty assessed to a retailer by a local health department under this
section shall be doubled if the retailer fails to provide documentation establishing a clear
chain of custody back to the manufacturer.
Section 2. Section
53-1-123
is enacted to read:
53-1-123
Effective
01/01/27
. Nicotine Disposal and Enforcement Restricted
Account.
(1)
There is created within the General Fund a restricted account known as the "Nicotine
Disposal and Enforcement Restricted Account."
(2)
The Nicotine Disposal and Enforcement Restricted Account consists of:
(a)
revenue allocated and collected from a license fee imposed under Sections
59-14-201
,
59-14-301
, and
59-14-803
; and
(b)
appropriations from the Legislature.
(3)
For each fiscal year and subject to appropriation by the Legislature, the Division of
Finance shall distribute from the funds deposited under Subsection
(2)(a)
into the
Nicotine Disposal and Enforcement Restricted Account to the department for:
(a)
the disposal of confiscated electronic cigarette products; and
(b)
additional law enforcement officers to disrupt organizations and networks that
provide tobacco products, electronic cigarette products, nicotine products, and other
illegal controlled substances to minors.
(4)
Subject to appropriation, the department may determine how the funds may be used if
the funds are used for a purpose described in Subsection
(3)
.
(5)
The department may award grants to other state and local law enforcement agencies and
local education agencies for the disposal of confiscated electronic cigarette products.
Section 3. Section
59-14-201
is amended to read:
59-14-201
Effective
01/01/27
. License -- Application of part -- Fee -- Bond --
Exceptions.
(1)
It is unlawful for any person in this state to manufacture, import, distribute, barter, sell,
exchange, or offer cigarettes for sale without first having obtained a license issued by
the commission under Section
59-14-202
.
(2)
Except for the tax rates described in Subsection
59-14-204(2)
, this part does not apply
to a cigarette produced from a cigarette rolling machine.
(3)
(a)
A license may not be issued for the sale of cigarettes until the applicant has paid
a license fee of $30 or a license renewal fee of $20, as appropriate
The commission
shall charge $250 for issuing or renewing a license under this section
.
(b)
The fee for reinstatement of a license that has been revoked, suspended, or allowed
to expire is
$30
$250
.
(c)
Notwithstanding Subsections
(3)(a)
and
(b)
, the commission may not charge a fee
for a license under this section for a retailer, as defined in Section
59-14-102
The
commission shall deposit 88% of any fee received under this section to the fund
described in Section
53-1-123
.
(4)
(a)
A license may not be issued until the applicant files a bond with the commission.
The commission shall determine the form and the amount of the bond, the minimum
amount of which shall be $500. The bond shall be executed by the applicant as
principal, with a corporate surety, payable to the state and conditioned upon the
faithful performance of all the requirements of this chapter, including the payment of
all taxes, penalties, and other obligations.
(b)
An applicant is not required to post a bond if the applicant:
(i)
purchases during the license year only products that have the proper state stamp
affixed as required by this chapter; and
(ii)
files an affidavit with the applicant's application attesting to this fact.
(5)
A person licensed under this section shall disclose on the application for a license each
category of product the person will sell under the license from the following categories:
(a)
tobacco products;
(b)
nicotine products; or
(c)
electronic cigarette products.
Section 4. Section
59-14-202
is amended to read:
59-14-202
Effective
01/01/27
. Issuance of licenses -- Common carrier licenses --
Contents -- Valid for one year -- Revocation -- Distribution requirements.
(1)
Cigarette licenses may be issued only to a person owning or operating the place or
cigarette vending machine from which the cigarette sales are made.
(2)
(a)
A license is required for each separate place of business.
(b)
A licensee shall notify the commission within 30 days in the event that it changes the
location of the business.
(3)
Applications for a license under this chapter shall be submitted on a form authorized by
the commission. Each application shall state:
(a)
the name and address of the applicant;
(b)
the address of each place of business where the applicant's business will be
conducted within this state; and
(c)
any other information the commission may require relevant to license qualification.
(4)
A common carrier is not required to obtain more than one license for sales on
conveyances operated by that carrier within the state. All conveyances owned by a
common carrier are considered as one place of business for the purpose of this chapter.
(5)
No license may be granted, maintained, or renewed:
(a)
if any combination of people owning directly or indirectly, in the aggregate, more
than 10% of the ownership interests in the applicant:
(i)
has been convicted of knowingly:
(A)
selling stolen or counterfeit cigarettes;
(B)
receiving stolen or counterfeit cigarettes; or
(C)
being involved in the smuggling or counterfeiting of cigarettes;
(ii)
is a cigarette manufacturer or importer that is not a:
(A)
participating manufacturer as defined in subsection II(jj) of the "Master
Settlement Agreement"; or
(B)
in full compliance with the provisions of this chapter dealing with
nonparticipating manufacturers;
(iii)
has imported, or caused to be imported, into the United States any cigarette in
violation of 19 U.S.C.
Sec.
1681a; or
(iv)
has imported, or caused to be imported into the United States, or manufactured
for sale or distribution in the United States any cigarette that does not fully
comply with the Federal Cigarette Labeling and Advertising Act, 15 U.S.C.
Sec.
1331, et. seq.; and
(b)
until the applicant:
(i)
has paid any delinquent cigarette taxes; and
(ii)
has served the period of suspension resulting from any prior revoked license.
(6)
Each license shall be numbered, show the residence and place of business of the
licensee, and is nontransferable.
(7)
(a)
Each license is in effect for
three years
one year
from the date of issuance,
unless the license is earlier revoked by the commission.
(b)
The license expires on the expiration date shown on the license, unless the licensee
renews it in accordance with commission rules.
(c)
The commission shall by rule establish procedures for the renewal and reinstatement
of licenses.
(d)
For any license issued before January 1, 2027, during the 2027 calendar year, the
commission shall re-issue the license as a one-year license in the same calendar
month the license was originally set to expire and charge the associated license fee.
(8)
(a)
In addition to any civil or criminal penalty provided by law, the commission shall,
after providing notice and a hearing, revoke the license of any person:
(i)
found to have violated this title; or
(ii)
who no longer qualifies for licensure under Subsection
(5)
.
(b)
In the case of a revocation under Subsection
(8)(a)(i)
, a license may not be issued to
that person within a period of two years after the violation.
(9)
A licensee may not barter, sell, exchange, or offer for sale:
(a)
cigarettes in an individual package or container that contains less than 20 cigarettes;
or
(b)
roll-your-own cigarettes in an individual package or container that contains less than
0.6 ounces of tobacco.
(10)
(a)
The commission shall maintain a list that includes the identity of all people
licensed under this section.
(b)
The list shall:
(i)
include the type of license possessed; and
(ii)
be updated by the commission at least once per quarter.
Section 5. Section
59-14-203
is amended to read:
59-14-203
Effective
01/01/27
. Failure to obtain a license -- Penalty.
(1)
Any person engaging in the business of manufacturing, importing, distributing, or
selling or offering to sell cigarettes without holding a valid license that is currently not
suspended or revoked is guilty of a class B misdemeanor for each offense.
(2)
A person who violates Subsection
(1)
is subject to an administrative fine of $1,000 to be
collected by the commission.
Section 6. Section
59-14-301
is amended to read:
59-14-301
Effective
01/01/27
. Registration and licensing -- Fee -- Bond
exceptions.
(1)
All manufacturers and distributors of all tobacco products, as defined in Section
59-14-102
, who are responsible for the collection of tax on tobacco products under this
chapter, and all retailers of all tobacco products:
(a)
shall register with the commission;
(b)
shall be licensed by the commission under
Part 2, Cigarettes
; and
(c)
are subject to the requirements, procedures, and penalties described in
Part 2,
Cigarettes
.
(2)
(a)
Subject to Subsection
(2)(b)
, the commission shall charge $250 for issuing or
renewing a license under this section.
(b)
A fee may not be charged for registration and licensing of manufacturers, jobbers,
distributors, or retailers of tobacco products in addition to the cigarette license if such
a license is required.
(c)
The commission shall deposit 88% of any fee received under this section to the fund
described in Section
53-1-123
.
(d)
The term of a license issued under this section is one year.
(e)
For any license issued before January 1, 2027, during the 2027 calendar year, the
commission shall re-issue the license as a one-year license in the same calendar
month the license was originally set to expire and charge the associated license fee.
(3)
(a)
The commission shall require any manufacturer, wholesaler, retailer, or any other
person subject to this section, and who is responsible for the collection of tax on
tobacco products under this chapter, to post a bond as a prerequisite to registering.
(b)
The bond shall be in a form and an amount determined by the commission.
(c)
If the bond is required under Section
59-14-201
, the bond may be a combination, the
minimum amount of which shall be $1,000.
Section 7. Section
59-14-803
is amended to read:
59-14-803
Effective
01/01/27
. License to sell electronic cigarette product or
nicotine product.
(1)
A person may not sell, offer to sell, or distribute an electronic cigarette product or a
nicotine product in this state without first:
(a)
except as provided in Subsection
(2)
, obtaining a license from the commission under
this section to sell an electronic cigarette product or a nicotine product; and
(b)
complying with any bonding requirement described in Subsection
(5)
.
(2)
(a)
A person that holds a valid license to sell cigarettes under Section
59-14-201
or a
person that holds a valid license to sell tobacco products under Section
59-14-301

may, without obtaining a separate license in accordance with this section, sell, offer
to sell, or distribute an electronic cigarette product or a nicotine product in this state.
(b)
Subject to Subsection
(2)(a)
, the commission shall charge $250 for issuing or
renewing a license under this section.
(c)
The commission shall deposit 88% of any fee received under this section to the fund
described in Section
53-1-123
.
(3)
The commission shall issue a license to sell an electronic cigarette product or a nicotine
product to a person that submits an application, on a form created by the commission,
that includes:
(a)
the person's name;
(b)
the address of the facility where the person will sell an electronic cigarette product or
a nicotine product; and
(c)
any other information the commission requires to implement this chapter.
(4)
(a)
A license described in Subsection
(3)
is:
(a)
(i)
valid only at one fixed business address;
(b)
(ii)
valid for
three years
one year
;
(c)
(iii)
valid only for a physical location; and
(d)
(iv)
renewable if a licensee meets the criteria for licensing described in
Subsection
(3)
.
(b)
For any license issued before January 1, 2027, during the 2027 calendar year, the
commission shall re-issue the license as a one-year license in the same calendar
month the license was originally set to expire and charge the associated license fee.
(5)
(a)
The commission shall require a manufacturer, jobber, distributor, wholesaler, or
retailer that is responsible under this part for the collection of tax on an electronic
cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine
device to post a bond.
(b)
The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond
required by Subsection
(5)(a)
in combination with any bond required by Section
59-14-201
or
59-14-301
.
(c)
Subject to Subsection
(5)(d)
, the commission shall determine the form and amount of
the bond.
(d)
The minimum amount of the bond shall be:
(i)
except as provided in Subsection
(5)(d)(ii)
or
(iii)
, $500;
(ii)
if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
required by Subsection
(5)(a)
in combination with a bond required by either
Section
59-14-201
or
59-14-301
, $1,000; or
(iii)
if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
required by Subsection
(5)(a)
in combination with a bond required by both
Sections
59-14-201
and
59-14-301
, $1,500.
(6)
The commission may make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to establish the additional information described in
Subsection
(3)(c)
that a person shall provide in the application described in Subsection
(3)
.
(7)
It is a class B misdemeanor for a person to violate Subsection
(1)
.
(8)
A person who violates Subsection
(1)
is subject to an administrative fine of $1,000 to be
collected by the commission.
(8)
The commission may not charge a fee for a license under this section.
Section 8. Section
59-14-810
is amended to read:
59-14-810
Effective
05/06/26
. Electronic cigarette product registry.
(1)
Beginning on August 1, 2024, every manufacturer of an electronic cigarette product that
is sold in this state, whether directly or through a distributor, wholesaler, retailer, or
similar intermediary or intermediaries, shall certify under penalty of perjury on a form
and in the manner prescribed by the commission, that:
(a)
the manufacturer agrees to comply with this section; and
(b)
the electronic cigarette product is a premarket authorized or pending electronic
cigarette product as defined in Section
76-9-1101
and will not be illegal to be sold in
the state as of January 1, 2025.
(2)
When submitting the certification a manufacturer shall submit a form that separately
lists each electronic cigarette product that is sold in this state.
(3)
(a)
Each certification form shall include:
(i)
the name of the electronic cigarette product, nicotine content level by percentage,
and any flavors contained in the product;
(ii)
(A)
a copy of the order granting a premarket tobacco product application of the
electronic cigarette product by the United States Food and Drug
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
(B)
evidence that the premarket tobacco product application for the electronic
cigarette product or nicotine product was submitted to the United States Food
and Drug Administration before September 9, 2020, and a final authorization
or order has not yet taken effect;
(iii)
a nonrefundable $1,000 fee for an electronic cigarette product that is being added
to the registry in the first instance; and
(iv)
information described in Subsection
(10)
if applicable.
(b)
The commission shall make the materials submitted under Subsection
(3)(a)

available to the Department of Health and Human Services for review and approval.
(c)
A manufacturer required to submit a certification form under this section shall notify
the commission and the Department of Health and Human Services in a manner
prescribed by the commission within 30 days of any material change making the
certification form no longer accurate, including:
(i)
the issuance or denial of a marketing authorization or other order by the United
States Food and Drug Administration under 21 U.S.C. Sec. 387j; or
(ii)
any other order or action by the United States Food and Drug Administration or
any court that affects the ability of the electronic cigarette product to be
introduced or delivered into interstate commerce for commercial distribution in
the United States.
(d)
On or before January 31 of each year and in a manner prescribed by the commission,
a manufacturer shall:
(i)
recertify that the information contained in the certification is correct and accurate;
(ii)
correct or amend information if necessary; and
(iii)
pay a $250 nonrefundable fee for each electronic cigarette product on the registry
that is manufactured by the manufacturer.
(e)
A manufacturer may amend a certification, including to add additional electronic
cigarette products to the registry, if all requirements of this section are met.
(f)
The commission shall:
(i)
provide an electronic notification to a manufacturer that has not submitted a
recertification under Subsection
(3)(d)
; and
(ii)
remove a manufacturer or an electronic cigarette product that is not recertified
from the registry by March 15.
(4)
(a)
The Department of Health and Human Services shall review materials described
in Subsection
(3)(a)
and notify the commission regarding whether an electronic
cigarette product should be included in the registry.
(b)
On or before October 1, 2024, the commission shall make publicly available on the
commission's website a registry that lists each electronic cigarette product
manufacturer and each electronic cigarette product for which certification forms have
been approved by the Department of Health and Human Services.
(c)
An electronic cigarette product may not be listed on the registry unless the
Department of Health and Human Services determines the requirements of
Subsection
(3)(a)
are met.
(5)
(a)
If the Department of Health and Human Services obtains information that an
electronic cigarette product should not be listed in the registry, the Department of
Health and Human Services shall provide the manufacturer notice and an opportunity
to cure deficiencies before notifying the commission to remove the manufacturer or
products from the registry.
(b)
Except as provided in Subsection
(5)(c)
, the Department of Health and Human
Services shall comply with Title 63G, Chapter 4, Administrative Procedures Act,
before notifying the commission to remove an electronic cigarette product or
manufacturer from the registry.
(c)
Subsection
(5)(b)
does not apply to a manufacturer failing:
(i)
to decertify an electronic cigarette product;
(ii)
to provide fees and documentation described in Subsection
(3)(a)
or
(3)(d)
; or
(iii)
to comply with Subsection
(10)
.
(6)
(a)
If a product is removed from the registry, each retailer, distributor, and wholesaler
shall have 30 days from the day on which the product is removed from the registry to
remove the product from any inventory and return the product to the manufacturer for
disposal.
(b)
After the period described in Subsection
(6)(a)
, any electronic cigarette product of a
manufacturer identified in the notice of removal are contraband and are subject to
penalties under Subsection (8)
and seizure, forfeiture, and destruction under Section
26A-1-131
.
(7)
(a)
Beginning on January 1, 2025, a person may not sell or offer for retail sale an
electronic cigarette product in this state that is not included in the registry.
(b)
A manufacturer may not sell, either directly or through a distributor, wholesaler,
retailer, or similar intermediary or intermediaries, an electronic cigarette product in
this state that is not included in the registry.
(8)
(a)
A wholesaler, distributor, or retailer who sells or offers for retail sale an electronic
cigarette product in this state that is not included in the registry shall be subject to a
civil penalty
assessed by the tax commission
of:
(i)
$1,000 for each
unit of
product offered for sale in violation of this section; and
(ii)
$100 per day until the offending product is removed from the market or until the
offending product is properly listed on the registry.
(b)
The commission shall suspend the person's license issued under
Section
Sections
59-14-201
,
59-14-301
, and

59-14-803
for a violation of Subsection
(8)(a)
as follows:
(i)
for a second violation within a 12-month period, at least 14 days;
(ii)
for a third violation within a 12-month period, at least 60 days; or
(iii)
for a fourth violation within a 12-month period, at least one year.
(c)
A manufacturer whose electronic cigarette products are not listed in the registry and
are sold in this state, whether directly or through a distributor, wholesaler, retailer, or
similar intermediary or intermediaries, is subject to a civil penalty
assessed by the tax
commission
of:
(i)
$1,000 for each
unit of
product offered for retail sale in violation of this section;
and
(ii)
$100 per day until the offending product is removed from the market or until the
offending product is properly listed on the registry.
(d)
A manufacturer that falsely represents any information required by a certification
form described in this section shall be guilty of a class C misdemeanor for each false
representation.
(e)
A repeated violation of this section shall constitute a deceptive act or practice as
provided in Sections
13-11-4
and
13-11a-3
and shall be subject to any remedies or
penalties available for a violation of those sections.
(9)
(a)
To assist in ensuring compliance and enforcement of this section and Section
26A-1-131
, the commission shall disclose to the following entities, upon request, any
information obtained under this section:
(i)
the Department of Health and Human Services;
(ii)
a local health department; or
(iii)
the attorney general.
(b)
The commission and attorney general shall share with each other information
received under this section, or corresponding laws of other states.
(10)
(a)
(i)
The commission may not list a nonresident manufacturer of an electronic
cigarette product in the registry unless:
(A)
(i)
the nonresident manufacturer has registered to do business in the state as a
foreign corporation or business entity; or
(B)
(ii)
the nonresident manufacturer appoints and maintains without interruption
the services of an agent in this state to receive any service of process on behalf of
the manufacturer.
(b)
The nonresident manufacturer shall provide the name, address, and telephone
number of the agent to the commission.
(c)
(i)
A nonresident manufacturer shall provide notice to the commission 30 days
before the termination of the authority of an agent and shall further provide proof
to the satisfaction of the commission of the appointment of a new agent no less
than five calendar days prior to the termination of an existing agent appointment.
(ii)
In the event an agent terminates an agency appointment, the manufacturer shall
notify the commission of the termination within five calendar days and shall
include proof to the satisfaction of the commission of the appointment of a new
agent.
(11)
Before May 31 of each year, the commission and the Department of Health and
Human Services shall provide a report to the Revenue and Taxation Interim Committee
and the Health and Human Services Interim Committee regarding:
(a)
the status of the registry;
(b)
manufacturers and products included in the registry;
(c)
revenue and expenditures related to administration of this section; and
(d)
enforcement activities undertaken under this section and Section
26A-1-131
.
(12)
All fees and penalties collected under this section shall be used for administration and
enforcement of this section and Section
26A-1-131
.
(13)
The commission, in consultation with the Department of Health and Human Services,
may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement this section.
Section 9. Section
76-9-1116
is amended to read:
76-9-1116
Effective
05/06/26
. Unlawful sale of a tobacco product, electronic
cigarette product, or nicotine product.
(1)
(a)
As used in this section:
(i)
"Compensatory service" means service or unpaid work performed by an
employee, in lieu of the payment of a fine or imprisonment.
(ii)
"Employee" means an employee or an owner of a tobacco retailer.
(b)
Terms defined in Sections
76-1-101.5
and
76-9-1101
apply to this section.
(2)
An actor commits unlawful sale of a tobacco product, electronic cigarette product, or
nicotine product if the actor:
(a)
is an employee; and
(b)
intentionally or knowingly sells or gives a tobacco product, an electronic cigarette
product, or a nicotine product in the course of business to an individual younger than
21 years old.
(3)
A violation of Subsection
(2)
is
:
a class A misdemeanor.
(a)
on a first violation:
(i)
an infraction; and
(ii)
subject to:
(A)
a fine not exceeding $1,000; or
(B)
compensatory service; or
(b)
on a subsequent violation:
(i)
a class C misdemeanor; and
(ii)
subject to:
(A)
a fine not exceeding $2,000; or
(B)
compensatory service.
Section 10.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
January 1, 2027
.
(2)
The actions affecting the following sections take effect on
May 6, 2026
:
(a)
Section 26A-1-131
Effective
05/06/26
;
(b)
Section 59-14-810
Effective
05/06/26
; and
(c)
Section 76-9-1116
Effective
05/06/26
.
3-11-26 10:20 AM