Utah § 76-9-1101 - Definitions.

Full text of Utah Utah Code § 76-9-1101 — Definitions., with citation guidance and answers to common questions.

§ 76-9-1101. Definitions.

Effective 7/1/2026
76-9-1101.  Definitions.
     As used in this part:
(1)
(a)"Alternative nicotine product" means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:
(i)contains nicotine;
(ii)is intended for human consumption;
(iii)is not purchased with a prescription from a licensed physician; and
(iv)is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
(b)"Alternative nicotine product" includes:
(i)pure nicotine;
(ii)snortable nicotine;
(iii)dissolvable salts, orbs, pellets, sticks, or strips; and
(iv)nicotine-laced food and beverage.
(c)"Alternative nicotine product" does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.
(2)"Cigar" means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette.
(3)"Cigarette" means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
(a)any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b)any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (4)(a).
(4)
(a)"Electronic cigarette" means:
(i)an electronic oral device:
(A)that provides an aerosol or a vapor of nicotine or other substance; and
(B)that simulates smoking through the use or inhalation of the device;
(ii)a component of the device described in Subsection (4)(a)(i); or
(iii)an accessory sold in the same package as the device described in Subsection (4)(a)(i).
(b)"Electronic cigarette" includes an oral device that is:
(i)composed of a heating element, battery, or electronic circuit; and
(ii)marketed, manufactured, distributed, or sold as:
(A)an e-cigarette;
(B)an e-cigar;
(C)an e-pipe; or
(D)any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a).
(c)"Electronic cigarette" does not mean a medical cannabis device, as that term is defined in Section 26B-4-201.
(5)
(a)"Electronic cigarette product" means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.
(b)"Electronic cigarette product" includes a non-nicotine inhalation product and a non-nicotine inhalation substance.
(6)"Electronic cigarette substance" means any substance containing nicotine that is used or intended for use in an electronic cigarette.
(7)
(a)"Flavored electronic cigarette product" means an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.
(b)"Flavored electronic cigarette product" includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint.
(c)"Flavored electronic cigarette product" does not include an electronic cigarette product that has a taste or smell of only tobacco or menthol.
(8)"Nicotine" means:
(a)a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants; or
(b)a nicotine analog.
(9)"Nicotine product" means an alternative nicotine product or a nontherapeutic nicotine product.
(10)
(a)"Non-nicotine inhalation product" means a product that:
(i)is a manufacturer sealed prefilled electronic cigarette that the manufacturer does not intend for a consumer to open;
(ii)contains a substance other than nicotine;
(iii)is designed specifically to be used with an electronic cigarette to produce an aerosol or vapor of the substance described in Subsection (10)(a)(ii);
(iv)does not contain a cannabinoid; and
(v)does not contain nicotine.
(b)"Non-nicotine inhalation product" includes a product that contains a vitamin, mineral, dietary supplement, or an alkaloid.
(c)"Non-nicotine inhalation product" does not include:
(i)a product that the manufacturer did not design to be placed directly on an individual's mouth to simulate smoking; or
(ii)a medical cannabis device, as that term is defined in Section 26B-4-201.
(11)"Non-nicotine inhalation substance" means any substance not containing nicotine or a cannabinoid that is used or intended for use in an electronic cigarette.
(12)
(a)"Nontherapeutic nicotine device" means a device that:
(i)has a pressurized canister that is used to administer nicotine to the user through inhalation or intranasally;
(ii)is not purchased with a prescription from a licensed physician; and
(iii)is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
(b)"Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray.
(13)"Nontherapeutic nicotine device substance" means a substance that:
(a)contains nicotine;
(b)is sold in a cartridge for use in a nontherapeutic nicotine device;
(c)is not purchased with a prescription from a licensed physician; and
(d)is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
(14)"Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
(15)"Place of business" includes:
(a)a shop;
(b)a store;
(c)a factory;
(d)a public garage;
(e)an office;
(f)a theater;
(g)a recreation hall;
(h)a dance hall;
(i)a poolroom;
(j)a cafe;
(k)a cafeteria;
(l)a cabaret;
(m)a restaurant;
(n)a hotel;
(o)a lodging house;
(p)a streetcar;
(q)a bus;
(r)an interurban or railway passenger coach;
(s)a waiting room; and
(t)any other place of business.
(16)"Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled with an electronic cigarette substance.
(17)"Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.
(18)"Premarket authorized or pending electronic cigarette product" means an electronic cigarette product that:
(a)
(i)has been approved by an 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
(ii)
(A)was marketed in the United States on or before August 8, 2016;
(B)the manufacturer submitted a premarket tobacco product application for the electronic cigarette product to the United States Food and Drug Administration under 21 U.S.C. Sec. 387j on or before September 9, 2020; and
(C)has an application described in Subsection (18)(a)(ii) that either remains under review by the United States Food and Drug Administration or a final decision on the application has not taken effect; and
(b)does not exceed:
(i)4.0% nicotine by weight per container; or
(ii)a nicotine concentration of 40 milligrams per milliliter.
(19)"Retail tobacco specialty business" means the same as that term is defined in Section 26B-7-501.
(20)"Smoking" means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment.
(21)
(a)"Tobacco paraphernalia" means equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance, or a nontherapeutic nicotine device substance into the human body.
(b)"Tobacco paraphernalia" includes:
(i)metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii)water pipes;
(iii)carburetion tubes and devices;
(iv)smoking and carburetion masks;
(v)roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;
(vi)chamber pipes;
(vii)carburetor pipes;
(viii)electric pipes;
(ix)air-driven pipes;
(x)chillums;
(xi)bongs; and
(xii)ice pipes or chillers.
(c)"Tobacco paraphernalia" does not include matches or lighters.
(22)"Tobacco product" means:
(a)a cigar;
(b)a cigarette; or
(c)tobacco in any form, including:
(i)chewing tobacco; and
(ii)any substitute for tobacco, including flavoring or additives to tobacco.
(23)"Tobacco retailer" means:
(a)a general tobacco retailer, as that term is defined in Section 26B-7-501; or
(b)a retail tobacco specialty business.


Amended by Chapter 308, 2026 General Session

Related Utah Legal Topics

Frequently Asked Questions About Utah § 76-9-1101

What does Utah Code § 76-9-1101 cover?

Section 76-9-1101 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-9-1101?

A common citation format is "Utah Code § 76-9-1101" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-9-1101 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.