{"data":{"id":"us-ut/utah-code-76-9-1107","jurisdiction":"us-ut","citation":"Utah Code § 76-9-1107","heading":"Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.","body":"(1)\n(a) As used in this section:\n(i)\n(A) \"Face-to-face exchange\" means a transaction made in person between an individual and a retailer or retailer's employee.\n(B) \"Face-to-face exchange\" does not include a sale through a vending machine or a self-service display.\n(ii) \"Retailer\" means a person who:\n(A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or\n(B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.\n(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.\n(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.\n(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:\n(a) is a retailer; and\n(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.\n(3) A violation of Subsection (2) is:\n(a) a class C misdemeanor on the first offense;\n(b) a class B misdemeanor on the second offense; or\n(c) a class A misdemeanor on the third or subsequent offense.\n(4) The face-to-face sale requirement in Subsection (2) does not apply to:\n(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;\n(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:\n(i) that is distinct and separate from the rest of the facility; and\n(ii) where the retailer only allows an individual who is under 21 years old to be present if the individual:\n(A) is accompanied by the actor's parent or legal guardian; or\n(B)\n(I) is present solely for the purpose of providing a service to the business, including making a delivery;\n(II) is monitored by the proprietor business or an employee of the business; and\n(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\n(c) a sale at a retail tobacco specialty business.\n(5)\n(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.\n(b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.","path":["Title 76 Criminal Offenses","Chapter 76-9 Offenses Against Public Order, Health, and Safety","Part 76-9-11 Cigarettes, Tobacco, and Psychotoxic Chemical Solvents"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter9/76-9-S1107.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"b151d9285921781818571500c6549189ee9db0577d4ecd701cc547609130b745","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-9-1106","next":"us-ut/utah-code-76-9-1108"},"notice":"GroundRules: Original legal text. Not legal advice."}