Full text of Utah Utah Code § 76-9-1112 — Illegal provision of smokeless tobacco or electronic cigarette product -- Exceptions., with citation guidance and answers to common questions.
§ 76-9-1112. Illegal provision of smokeless tobacco or electronic cigarette product -- Exceptions.
Effective 5/7/2025
76-9-1112.
Illegal provision of smokeless tobacco or electronic cigarette product -- Exceptions.
| (2) | Except as provided in Subsection (4), an actor commits illegal provision of smokeless tobacco or electronic cigarette product if the actor:
| (a) | is a manufacturer, wholesaler, and retailer ; and |
| (b) |
| (i) | gives or distributes without charge smokeless tobacco, chewing tobacco, or an electronic cigarette product in this state; |
| (ii) | sells, offers for sale, or furnishes an electronic cigarette product at less than the cost, including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or retailer; or |
| (iii) | gives, distributes, sells, offers for sale, or furnishes an electronic cigarette product for free or at a lower price because the recipient of the electronic cigarette product makes another purchase. |
|
|
| (3) | A violation of Subsection (2) is:
| (a) | a class C misdemeanor on the first offense; or |
| (b) | a class B misdemeanor on a subsequent offense. |
|
| (4) |
| (a) | The price that a manufacturer, wholesaler, or retailer may charge under Subsection (2)(b)(ii) does not include a discount for:
| (i) | a physical manufacturer coupon:
| (A) | that is surrendered to the wholesaler or retailer at the time of sale; and |
| (B) | for which the manufacturer will reimburse the wholesaler or the retailer for the full amount of the discount described in the manufacturer coupon and provided to the purchaser; |
|
| (ii) | a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the rebate provided to the purchaser; or |
| (iii) | a promotional fund that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the promotional fund provided to the purchaser. |
|
| (b) | Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be distributed to adults without charge at professional conventions where the general public is excluded. |
|
| (5) | The Legislature finds that:
| (a) | smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers; |
| (b) | the use of smokeless tobacco among juveniles in this state is increasing rapidly; |
| (c) | the use of electronic cigarette products may lead to unhealthy behavior such as the use of tobacco products; and |
| (d) | it is necessary to restrict the gift of the products described in this section in the interest of the health of the citizens of this state. |
|
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 76-9-1112
What does Utah Code § 76-9-1112 cover?
Section 76-9-1112 ("Illegal provision of smokeless tobacco or electronic cigarette product -- Exceptions.") 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 § 76-9-1112?
A common citation format is "Utah Code § 76-9-1112" (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 § 76-9-1112 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.
