§ 76-9-1107 — Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

(1) (1)(a) As used in this section:
(1)(a)(i) (1)(a)(i)(A) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.
(1)(a)(i)(B) "Face-to-face exchange" does not include a sale through a vending machine or a self-service display.
(1)(a)(ii) "Retailer" means a person who:
(1)(a)(ii)(A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or
(1)(a)(ii)(B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.
(1)(a)(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.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(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:
(2)(a) is a retailer; and
(2)(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.
(3) A violation of Subsection (2) is:
(3)(a) a class C misdemeanor on the first offense;
(3)(b) a class B misdemeanor on the second offense; or
(3)(c) a class A misdemeanor on the third or subsequent offense.
(4) The face-to-face sale requirement in Subsection (2) does not apply to:
(4)(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;
(4)(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:
(4)(b)(i) that is distinct and separate from the rest of the facility; and
(4)(b)(ii) where the retailer only allows an individual who is under 21 years old to be present if the individual:
(4)(b)(ii)(A) is accompanied by the actor's parent or legal guardian; or
(4)(b)(ii)(B) (4)(b)(ii)(B)(I) is present solely for the purpose of providing a service to the business, including making a delivery;
(4)(b)(ii)(B)(II) is monitored by the proprietor business or an employee of the business; and
(4)(b)(ii)(B)(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
(4)(c) a sale at a retail tobacco specialty business.
(5) (5)(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.
(5)(b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session