UT
Utah House Bill HB0419

Utah 2023 Regular Session

Utah House Bill HB0419 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 H.B. 419
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: D.M. Cheung 6
44 6 02-08-23 11:45 AM 6
55 H.B. 419
66 1 TOBACCO REGULATI ON AMENDMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Jennifer Dailey-Provost
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill relates to the regulation of tobacco products, electronic cigarette products, and
1515 10nicotine products.
1616 11Highlighted Provisions:
1717 12 This bill:
1818 13 <amends definitions;
1919 14 <changes certain penalties for violating a regulation regarding tobacco products,
2020 15electronic cigarette products, or nicotine products;
2121 16 <adds a hazardous waste disposal fee for electronic cigarette products; and
2222 17 <enacts new requirements and restrictions on the sale of tobacco products, electronic
2323 18cigarette products, and nicotine products.
2424 19Money Appropriated in this Bill:
2525 20 None
2626 21Other Special Clauses:
2727 22 None
2828 23Utah Code Sections Affected:
2929 24AMENDS:
3030 25 26-62-102, as last amended by Laws of Utah 2020, Chapters 302, 347
3131 26 26-62-203, as enacted by Laws of Utah 2018, Chapter 231
3232 27 26-62-206, as enacted by Laws of Utah 2020, Chapter 347
3333 *HB0419* H.B. 419 02-08-23 11:45 AM
3434 - 2 -
3535 28 26-62-301, as last amended by Laws of Utah 2020, Chapter 347
3636 29 26-62-304, as last amended by Laws of Utah 2022, Chapter 274
3737 30 76-10-114, as last amended by Laws of Utah 2021, First Special Session, Chapter 12
3838 31 77-39-101, as last amended by Laws of Utah 2021, Chapter 291
3939 32
4040 33Be it enacted by the Legislature of the state of Utah:
4141 34 Section 1. Section 26-62-102 is amended to read:
4242 35 26-62-102. Definitions.
4343 36 As used in this chapter:
4444 37 (1) "Community location" means the same as that term is defined:
4545 38 (a) as it relates to a municipality, in Section 10-8-41.6; and
4646 39 (b) as it relates to a county, in Section 17-50-333.
4747 40 (2) "Electronic cigarette product" means the same as that term is defined in Section
4848 4176-10-101.
4949 42 (3) "Employee" means an employee of a tobacco retailer.
5050 43 (4) "Enforcing agency" means the state Department of Health and Human Services, or
5151 44any local health department enforcing the provisions of this chapter.
5252 45 (5) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
5353 46specialty business.
5454 47 (6) "Local health department" means the same as that term is defined in Section
5555 4826A-1-102.
5656 49 (7) "Nicotine product" means the same as that term is defined in Section 76-10-101.
5757 50 (8) "Owner" means a person holding a 20% ownership interest in the business that is
5858 51required to obtain a permit under this chapter.
5959 52 (9) "Permit" means a tobacco retail permit issued under this chapter.
6060 53 (10) (a) "Proof of age" means:
6161 54 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
6262 55Card Act;
6363 56 (ii) a valid identification that:
6464 57 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
6565 58Part 8, Identification Card Act; 02-08-23 11:45 AM H.B. 419
6666 - 3 -
6767 59 (B) is issued in accordance with the laws of a state other than Utah in which the
6868 60identification is issued;
6969 61 (C) includes date of birth; and
7070 62 (D) has a picture affixed;
7171 63 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
7272 64Driver License Act, or in accordance with the laws of the state in which the valid driver license
7373 65is issued;
7474 66 (iv) a valid United States military identification card that:
7575 67 (A) includes date of birth; and
7676 68 (B) has a picture affixed; or
7777 69 (v) a valid passport.
7878 70 (b) "Proof of age" does not include a valid driving privilege card issued in accordance
7979 71with Section 53-3-207.
8080 72 (11) "Retail tobacco specialty business" means the same as that term is defined:
8181 73 (a) as it relates to a municipality, in Section 10-8-41.6; and
8282 74 (b) as it relates to a county, in Section 17-50-333.
8383 75 (12) "Tax commission license" means a license issued by the State Tax Commission
8484 76under:
8585 77 (a) Section 59-14-201 to sell a cigarette at retail;
8686 78 (b) Section 59-14-301 to sell a tobacco product at retail; or
8787 79 (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
8888 80 (13) "Tobacco product" means:
8989 81 (a) a tobacco product as defined in Section 76-10-101; or
9090 82 (b) tobacco paraphernalia as defined in Section 76-10-101.
9191 83 (14) "Tobacco retailer" means [a person that is required to obtain a tax commission
9292 84license.]:
9393 85 (a) a retailer as defined in Section 59-14-102;
9494 86 (b) a person who offers to sell, displays, or advertises a cigarette, an electronic
9595 87cigarette, or a nicotine product to a consumer in the state; and
9696 88 (c) a person who sells, offers to sell, distributes, displays, or advertises a tobacco
9797 89product to a consumer in the state. H.B. 419 02-08-23 11:45 AM
9898 - 4 -
9999 90 Section 2. Section 26-62-203 is amended to read:
100100 91 26-62-203. Permit term and fees.
101101 92 (1) (a) The term of a permit issued under this chapter to a retail tobacco specialty
102102 93business is one year.
103103 94 (b) The term of a permit issued under this chapter to a general tobacco retailer is two
104104 95years.
105105 96 (2) (a) A local health department may not issue a permit under this chapter until the
106106 97applicant has paid [a permit fee] to the local health department:
107107 98 (i) a permit fee of:
108108 99 [(i)] (A) $30 for a new permit;
109109 100 [(ii)] (B) $20 for a permit renewal; or
110110 101 [(iii)] (C) $30 for reinstatement of a permit that has been revoked, suspended, or
111111 102allowed to expire[.]; and
112112 103 (ii) an electronic cigarette product hazardous waste disposal fee of $25.
113113 104 (b) A local health department that collects fees under Subsection (2)(a)(i) shall use the
114114 105fees to administer the permit requirements under this chapter.
115115 106 (c) In addition to the fee described in Subsection (2)(a), a local health department may
116116 107establish and collect a fee to perform a plan review for a retail tobacco specialty business
117117 108permit.
118118 109 (d) A local health department shall transfer fees paid under Subsection (2)(a)(ii) to the
119119 110Department of Environmental Quality for use by that department's Division of Environmental
120120 111Response and Remediation to administer hazardous waste disposal requirements for electronic
121121 112cigarette products and nicotine products.
122122 113 (3) A permit holder may apply for a renewal of a permit no earlier than 30 days before
123123 114the day on which the permit expires.
124124 115 (4) A tobacco retailer that fails to renew a permit before the permit expires may apply
125125 116to reinstate the permit by submitting to the local health department:
126126 117 (a) the information required in Subsection 26-62-202(3) and, if applicable, Subsection
127127 11826-62-202(4);
128128 119 (b) the fee for the reinstatement of a permit; and
129129 120 (c) a signed affidavit affirming that the tobacco retailer has not violated the 02-08-23 11:45 AM H.B. 419
130130 - 5 -
131131 121prohibitions in Subsection 26-62-201(1)(b) after the permit expired.
132132 122 Section 3. Section 26-62-206 is amended to read:
133133 123 26-62-206. Requirements for the sale of tobacco product, electronic cigarette
134134 124product, or nicotine product.
135135 125 (1) A tobacco retailer shall:
136136 126 (a) provide the customer with an itemized receipt for each sale of a tobacco product, an
137137 127electronic cigarette product, or a nicotine product that separately identifies:
138138 128 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
139139 129product;
140140 130 (ii) the amount charged for each tobacco product, electronic cigarette product, or
141141 131nicotine product; and
142142 132 (iii) the date and time of the sale; and
143143 133 (b) maintain an itemized transaction log for each sale of a tobacco product, an
144144 134electronic cigarette product, or a nicotine product that separately identifies:
145145 135 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
146146 136product;
147147 137 (ii) the amount charged for each tobacco product, electronic cigarette product, or
148148 138nicotine product; and
149149 139 (iii) the date and time of the sale.
150150 140 (2) A tobacco retailer may not sell, give, provide, or furnish a tobacco product, an
151151 141electronic cigarette product, or a nicotine product to an individual who is younger than 21 years
152152 142old.
153153 143 (3) The itemized transaction log described in Subsection (1)(b) shall be:
154154 144 (a) maintained for at least one year after the date of each transaction in the itemized
155155 145transaction log;
156156 146 (b) made available to an enforcing agency or a peace officer at the request of the
157157 147enforcing agency or the peace officer; and
158158 148 (c) in addition to any documentation required under Section 59-1-1406 and Subsection
159159 14959-14-805(2).
160160 150 Section 4. Section 26-62-301 is amended to read:
161161 151 26-62-301. Permit violation. H.B. 419 02-08-23 11:45 AM
162162 - 6 -
163163 152 A [person] tobacco retailer is in violation of the permit issued under this chapter if the
164164 153[person] tobacco retailer violates:
165165 154 (1) a provision of this chapter;
166166 155 (2) a provision of licensing laws under Section 10-8-41.6 or Section 17-50-333;
167167 156 (3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic
168168 157Chemical Solvents;
169169 158 (4) a provision of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
170170 159 (5) a regulation restricting the sale and distribution of cigarettes [and], smokeless
171171 160tobacco, and covered tobacco products issued by the United States Food and Drug
172172 161Administration under 21 C.F.R. Part 1140; or
173173 162 (6) any other provision of state law or local ordinance regarding the sale, marketing, or
174174 163distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
175175 164 Section 5. Section 26-62-304 is amended to read:
176176 165 26-62-304. Hearing -- Evidence of criminal conviction.
177177 166 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
178178 167[criminal] conviction of a tobacco retailer or employee for violation of Section 76-10-114 at
179179 168the same location and within the same time period as the location and time period alleged in
180180 169the civil hearing for violation of this chapter for sale of a tobacco product, an electronic
181181 170cigarette product, or a nicotine product to an individual under 21 years old is prima facie
182182 171evidence of a violation of this chapter.
183183 172 (2) If the tobacco retailer or employee is convicted of violating Section 76-10-114, the
184184 173enforcing agency:
185185 174 (a) shall assess an additional monetary penalty under this chapter for the same offense
186186 175for which the conviction was obtained; and
187187 176 (b) shall revoke or suspend a permit in accordance with Section 26-62-305.
188188 177 Section 6. Section 76-10-114 is amended to read:
189189 178 76-10-114. Unlawful sale of a tobacco product, electronic cigarette product, or
190190 179nicotine product.
191191 180 (1) As used in this section[: (a) "Compensatory service" means service or unpaid work
192192 181performed by an employee, in lieu of the payment of a fine or imprisonment. (b) "Employee"],
193193 182"employee" means an employee or an owner of a tobacco retailer. 02-08-23 11:45 AM H.B. 419
194194 - 7 -
195195 183 (2) It is unlawful for an employee to [knowingly or intentionally sell or] sell, give,
196196 184provide, or furnish a tobacco product, an electronic cigarette product, or a nicotine product in
197197 185the course of business to an individual who is under 21 years old.
198198 186 (3) An employee who violates this section is[:] guilty of an infraction and subject to a
199199 187fine of $50.
200200 188 [(a) on a first violation:]
201201 189 [(i) guilty of an infraction; and]
202202 190 [(ii) subject to:]
203203 191 [(A) a fine not exceeding $1,000; or]
204204 192 [(B) compensatory service;]
205205 193 [(b) on any subsequent violation:]
206206 194 [(i) guilty of a class C misdemeanor; and]
207207 195 [(ii) subject to:]
208208 196 [(A) a fine not exceeding $2,000; or]
209209 197 [(B) compensatory service.]
210210 198 (4) The enforcing agency shall issue the additional civil penalties described in Section
211211 19926-62-305 against the tobacco retailer.
212212 200 Section 7. Section 77-39-101 is amended to read:
213213 201 77-39-101. Investigation of sales of alcohol, tobacco products, electronic cigarette
214214 202products, and nicotine products to underage individuals.
215215 203 (1) As used in this section:
216216 204 (a) "Electronic cigarette product" means the same as that term is defined in Section
217217 20576-10-101.
218218 206 (b) "Nicotine product" means the same as that term is defined in Section 76-10-101.
219219 207 (c) "Peace officer" means the same as the term is described in Section 53-13-109.
220220 208 (d) "Tobacco product" means the same as that term is defined in Section 76-10-101.
221221 209 (2) (a) A peace officer may investigate the possible violation of:
222222 210 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
223223 211attempt to purchase or make a purchase of alcohol from a retail establishment; or
224224 212 (ii) Section 76-10-114 by requesting an individual under 21 years old to enter into and
225225 213attempt to purchase or make a purchase from a retail establishment of: H.B. 419 02-08-23 11:45 AM
226226 - 8 -
227227 214 (A) a tobacco product;
228228 215 (B) an electronic cigarette product; or
229229 216 (C) a nicotine product.
230230 217 (b) A peace officer who is present at the site of a proposed purchase shall direct,
231231 218supervise, and monitor the individual requested to make the purchase.
232232 219 (c) Immediately following a purchase or attempted purchase or as soon as practical the
233233 220supervising peace officer shall inform the cashier and the proprietor or manager of the retail
234234 221establishment that the attempted purchaser was under the legal age to purchase:
235235 222 (i) alcohol; or
236236 223 (ii) (A) a tobacco product;
237237 224 (B) an electronic cigarette product; or
238238 225 (C) a nicotine product.
239239 226 (d) If a citation or information is issued, the citation or information shall be issued
240240 227within seven days after the day on which the purchase occurs.
241241 228 (3) (a) If an individual under 18 years old is requested to attempt a purchase, a written
242242 229consent of that individual's parent or guardian shall be obtained before the individual
243243 230participates in any attempted purchase.
244244 231 (b) An individual requested by the peace officer to attempt a purchase may:
245245 232 (i) be a trained volunteer; or
246246 233 (ii) receive payment, but may not be paid based on the number of successful purchases
247247 234of alcohol, tobacco products, electronic cigarette products, or nicotine products.
248248 235 (4) The individual requested by the peace officer to attempt a purchase and anyone
249249 236accompanying the individual attempting a purchase may use false identification in attempting
250250 237the purchase if:
251251 238 (a) the Department of Public Safety created in Section 53-1-103 provides the false
252252 239identification;
253253 240 (b) the false identification:
254254 241 (i) accurately represents the individual's age; and
255255 242 (ii) displays a current photo of the individual; and
256256 243 (c) the peace officer maintains possession of the false identification at all times outside
257257 244the attempt to purchase. 02-08-23 11:45 AM H.B. 419
258258 - 9 -
259259 245 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
260260 246section is immune from prosecution, suit, or civil liability for the purchase of, attempted
261261 247purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product, or a
262262 248nicotine product if a peace officer directs, supervises, and monitors the individual.
263263 249 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
264264 250shall be conducted within a 12-month period:
265265 251 (i) on a random basis at any one retail establishment location, not more often than four
266266 252times for the attempted purchase of alcohol; and
267267 253 (ii) a minimum of two times at a retail establishment that sells tobacco products,
268268 254electronic cigarette products, or nicotine products for the attempted purchase of a tobacco
269269 255product, an electronic cigarette product, or a nicotine product.
270270 256 (b) This section does not prohibit an investigation or an attempt to purchase alcohol, a
271271 257tobacco product, an electronic cigarette product, or a nicotine product under this section if:
272272 258 (i) (A) there is reasonable suspicion to believe the retail establishment has sold alcohol,
273273 259a tobacco product, an electronic cigarette product, or a nicotine product to an individual under
274274 260[the age established by Section 32B-4-403 or 76-10-114] 21 years old; and
275275 261 [(ii)] (B) the supervising peace officer makes a written record of the grounds for the
276276 262reasonable suspicion[.]; or
277277 263 (ii) within the past six months the retail establishment has been issued a citation under
278278 264this section for selling alcohol, a tobacco product, an electronic cigarette product, or a nicotine
279279 265product to an individual under 21 years old.
280280 266 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
281281 267attempted purchase shall make a report of the attempted purchase, whether or not a purchase
282282 268was made.
283283 269 (b) The report required by this Subsection (7) shall include:
284284 270 (i) the name of the supervising peace officer;
285285 271 (ii) the name of the individual attempting the purchase;
286286 272 (iii) a photograph of the individual attempting the purchase showing how that
287287 273individual appeared at the time of the attempted purchase;
288288 274 (iv) the name and description of the cashier or proprietor from whom the individual
289289 275attempted the purchase; H.B. 419 02-08-23 11:45 AM
290290 - 10 -
291291 276 (v) the name and address of the retail establishment; and
292292 277 (vi) the date and time of the attempted purchase.