Utah

Smoking is prohibited in virtually all enclosed indoor places of public access, including all restaurants, taverns and private clubs. See the statute cited below for a more detailed list of places covered. This prohibition does not apply to: 1) areas not commonly open to the public of owner-operated businesses having no employees other than the owner-operator; 2) separately ventilated smoking areas in Salt Lake City International Airport; and 3) guest rooms in hotels, motels, and other similar lodging facilities, except for the common areas where smoking is prohibited, including lobbies and dining areas. In addition, smoking tobacco as part of a traditional religious ceremony of an American Indian Tribe is exempt from the prohibition. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state insitution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Allows for a prohibition on smoking in a rental agreement or lease.

UTAH CODE ANN. § 57-22-5 (1)(h) (1997).

Gives condiminium associations the authority to restrict smoking in units, common areas and facilities. Common areas include yard space.

UTAH CODE ANN. § 57-8-16 (7) (1997).

Secondhand smoke is defined as a nuisance when it drifts into any residential unit a person rents, leases, or owns, from another residential or commercial unit more than once in each of two or more consecutive seven-day periods, and which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A nuisance may be the subject of an action. This does not apply to residential rental units available for temporary rental or hotel or motel rooms. The cause of action is waived if the rental agreement explicitly says tobacco smoke may drift into the apartment.

UTAH CODE ANN. § 78-38-1 (1997).

Government Buildings

Smoking is prohibited in all publicly owned buildings and offices. These buildings include any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or any agency supported by appropriation of, or by contracts or grants from funds derived from, the collection of federal, state, county or municipal taxes. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state institution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Private Workplaces

Smoking is prohibited in enclosed indoor places of public access, the definition of which includes any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business. Areas not commonly open to the public of owner-operated businesses having no employees other than the owner-operator are exempt. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state institution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Schools

Smoking is prohibited in public or private elementary and secondary school buildings and educational facilities and the property on which those facilities are located. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state insitution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Child Care Centers

Smoking is prohibited in any licensed or certified child care facilities or programs, including those in private homes, when children being cared for are present. Smoking is also prohibited in any child care not subject to licensure or certification when any child cared for by the provider, other than the child of the provider, is present. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state institution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Health Facilities

Smoking is prohibited in enclosed indoor places of public access, which includes offices/buildings of facilities providing health care services, and all common areas of nursing homes and hospitals including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas and restrooms. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state institution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Restaurants

Restaurants: Smoking is prohibited in restaurants, cafes, and cafeterias. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state insitution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Bars/Taverns: Smoking is prohibited in all bars/taverns and private clubs. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state insitution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Penalties/Enforcement

A first violation of the Utah Indoor Clean Air Act is a civil penalty of not more than $100. A second and subsequent violation is a civil penalty of $100 to $500. The state Department of Health and local health departments are responsible for enforcement. This law supersedes any ordinance enacted by a governing body of a political subdivision that restricts smoking in a place of public access and that is not essentially identical to the provisions of this chapter. Outdoor places of public access owned and operated by a political subdivision, a state institution of higher education, or a state insitution of public education are exempt from preemption.

UTAH CODE ANN. §§ 26-38-1 et seq. (2009).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 69.5 cents

Date last changed: May 6, 2002 — from 51.5 cents to 69.5 cents

Year first enacted: 1923

UTAH CODE ANN. § 59-14-204 (2002).

The tax rates specified in this section shall be increased by the state Tax Commission by the same amount as any future reduction in the federal excise tax on cigarettes.

UTAH CODE ANN. § 59-14-204 (2002).

There is created within the General Fund a restricted account known as the “Cigarette Tax Restricted Account.” $250,000 of the revenues generated by the increase in the cigarette tax enacted during the 1997 general session shall be annually deposited into the account. The Department of Health shall expend these funds for a tobacco prevention and control media campaign targeted towards children. Twenty-two percent of the revenue generated from the cigarette tax increase during the 2002 general session shall also be deposited in the Cigarette Tax Restricted Account and annually appropriated to the Department of Health for tobacco prevention, reduction, cessation, and control programs. Also, 15 percent and 21 percent of the revenue from the cigarette tax increase in the 2002 general session is deposited in the account where it is appropriated to the University of Utah Health Sciences Center for the Huntsman Cancer Institute for cancer research and University of Utah Health Sciences Center for medical education at the University of Utah School of Medicine respectively.

UTAH CODE ANN. § 59-14-204 (2002).

There is imposed an equity assessment of 35 cents per pack of 20 cigarettes on tobacco product manufacturers not participating in the Master Settlement Agreement. This equity assessment is in addition to other taxes on cigarettes. The purposes of this equity assessment are: to recover health care costs to the state imposed by nonparticipating manufacturers; to prevent nonparticipating manufacturers from undermining the state’s policy of reducing underage smoking by offering cigarettes for sale substantially below the prices of cigarettes of other manufacturers; to protect funding, which is reduced as a result of the growth of nonparticipating manufacturer cigarette sales, for programs funded in whole or in part by payments to the state under the Master Settlement Agreement; to recoup settlement-payment revenue lost to the state as a result of nonparticipating manufacturer cigarette sales; and to fund enforcement and administration of Master Settlement Agreement provisions.

UTAH CODE ANN. § 59-14-214 (2004).

Other Tobacco Products

Moist snuff: 75 cents/ounce or a proportionate rate on a fractional part of an ounce;

All other tobacco products: 35% of the manufacturer’s selling price.

UTAH CODE ANN. § 59-14-302 (2008).

Revenue Collected

$55,897,000

Youth Access

Compliance/Enforcement

A peace officer may investigate possible violations of retail establishments that sell tobacco products to minors by requesting a person under the legal age to attempt to purchase tobacco products from the establishment. Written parental consent must be obtained prior to any attempt and the minor must be under the supervision and direction of the peace officer. A purchase attempted under this section shall be conducted on a random basis, but not more often than four times within a 12-month period at any one retail establishment location unless there is reasonable suspicion to believe the retail establishment has sold tobacco to a person less than 19 years of age.

UTAH CODE ANN. § 77-39-101 (1998).

Penalties for Sales to Minors

Any person who knowingly, intentionally, recklessly, or with criminal negligence provides any cigar, cigarette, or tobacco in any form, to any person under 19 years of age, is guilty of a class C misdemeanor on the first offense, a class B misdemeanor on the second offense, and a class A misdemeanor on subsequent offenses.

UTAH CODE ANN. § 76-10-104 (2000).

If, following an investigation or issuance of a citation or information, an enforcing agency (the state Department of Health and/or local health departments) determines that a licensee or any employee has sold tobacco to a person younger than 19 years of age, the enforcing agency may impose upon the licensee the following administrative penalties: not more than $300 for a first violation; not more than $750 for a second violation within 12 months; and $1,000 for a third and subsequent violations within a 12-month period. A licensee is also subject to a license suspension for not more than 30 days for a third violation and license revocation for one year for a fourth and subsequent violation. In determining the amount of the monetary penalty to be imposed for an employee’s violation the hearing officer shall reduce the penalty by at least 50 percent if they determine the licensee has implemented a documented employee training program, and the employee has completed that training program within 30 days of commencing duties of selling tobacco products. If the hearing officer determines regarding a first offense at a location, that the licensee has not implemented a documented training program with a written curriculum for employees at that location regarding compliance with this chapter, the hearing officer may suspend all or a portion of the monetary penalty, contingent upon the licensee’s initiating a training program for employees at that location within 30 days after the hearing date. If the training program is not implemented, the penalty shall be promptly imposed.

UTAH CODE ANN. §§ 26-42-103 & 26-42-106 (1998).

It is unlawful for any person to knowingly sell, offer for sale, give or furnish any clove cigarette in this state. For purposes of this section “clove cigarette” means any cigarette which contains more than 10 percent, by weight, of raw eugenia caryophyllata or caryophyllus, commonly known as clove. Any person who violates this section is guilty of a Class B misdemeanor.

UTAH CODE ANN. § 76-10-105.3 (2002).

Penalties to Minors

Any 18 year old who buys or attempts to buy, accepts or possesses any tobacco product shall be guilty of a Class C misdemeanor and is subject to a minimum fine of $60; and participation in a court-approved tobacco education program, which may include a participation fee. Any person under the age of 18 who buys or attempts to buy, accepts or possesses any tobacco product is subject to the jurisdiction of the juvenile court and a minimum fine of $60 and participation in a court-approved tobacco education program, which may include a participation fee.

UTAH CODE ANN. § 76-10-105 (2002).

Placement of Tobacco Products

A retailer must sell cigarettes and smokeless tobacco products only in a direct, face-to-face exchange between the retailer and the consumer, including through self-service displays. Self-service displays that are located in a separate and defined area within a facility where the retailer ensures that no person younger than 19 years of age is present, or permitted to enter at any time, unless accompanied by a parent or legal guardian are exempt. A first offense is a Class C misdemeanor; a second offense is a Class B misdemeanor; and a third and all subsequent offenses are a Class A misdemeanor. Any ordinance, regulation or rule adopted by the governing body of a political subdivision or state agency that affects the advertising, sale, placement, or display of cigarettes or smokeless tobacco that is not essentially identical to the provisions of this section is superseded.

UTAH CODE ANN. § 76-10-105.1 (2004).

Other Provisions

Mail-order sales are exempt from the face-to-face sale requirement in section 76-10-105.1 of the Utah Code if the retailer requires the postal authority or other common carrier to verify that the person who takes possession of the delivery and who signs for the delivery is 19 years of age or older; obtains the signature of the person taking the delivery; and include as part of the shipping documents a clear and conspicuous statement providing as follows: “This package contains tobacco products: “Utah law prohibits possession of tobacco products by individuals under the age of 19.” Violation of this requirement is: for a first offense a Class C misdemeanor; for a second offense a Class B misdemeanor; and for a third and all subsequent offenses a Class A misdemeanor. Any ordinance, regulation or rule adopted by the governing body of a political subdivision or state agency that affects the advertising, sale, placement, or display of cigarettes or smokeless tobacco that is not essentially identical to the provisions of this section is superseded.

UTAH CODE ANN. § 76-10-105.1 (2004).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

It is a class C misdemeanor for the proprietor of any place of business to knowingly permit persons under 19 to frequent their place of business while they are using tobacco.

UTAH CODE ANN. § 76-10-103 (1973).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

It is unlawful for a manufacturer, wholesaler, or retailer to give or distribute tobacco products without charge, except to adults at professional conventions where the general public is excluded and to persons of legal age upon their purchase of tobacco products. Violation is a Class C misdemeanor for the first offense and a Class B misdemeanor for subsequent offenses.

UTAH CODE ANN. § 76-10-112 (1989).

Single Cigarettes

A licensee may not barter, sell, exchange, or offer for sale cigarettes in an individual package or container that contains less than 20 cigarettes or roll-your-own tobacco in an individual package or container that contains less than 0.6 ounces of tobacco. No penalty is specified for violation.

UTAH CODE ANN. § 59-14-202 (1999).

A licensee may not barter, sell, exchange, or offer for sale cigarettes in a package which does not comply with federal law, including the Federal Cigarette Labeling and Advertising Act, regarding warning labels and other package information. Violation is a Class B misdemeanor and also subject to a civil penalty not to exceed 500 percent of the retail value of the cigarettes involved or $5,000. Any license shall be suspended or revoked as well.

UTAH CODE ANN. §§ 59-14-210 (2002) & 59-14-211 (2004).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines must be located in a separate and defined area within a facility where the retailer ensures that no person younger than 19 years of age is present, or permitted to enter at any time, unless accompanied by a parent or legal guardian. Any ordinance, regulation, or rule adopted by the governing body of a political subdivision or state agency that affects the sale, placement, or display of cigarettes or smokeless tobacco that is not essentially identical to the provisions of this section is superseded.

UTAH CODE ANN. § 76-10-105.1 (2004).

Penalty

Violation is a class C misdemeanor for the first offense, a class B misdemeanor for the second offense, and a class A misdemeanor for subsequent offenses. Any ordinance, regulation, or rule adopted by the governing body of a political subdivision or state agency that affects the sale, placement, or display of cigarettes or smokeless tobacco that is not essentially identical to the provisions of this section is superseded.

UTAH CODE ANN. § 76-10-105.1 (2004).

Licensing Requirements

Requirements

It is unlawful for any person in this state to manufacture, import, distribute, barter, sell, exchange, or offer cigarettes for sale without first having obtained a license from the state Tax Commission. A separate license is required for each place of business. Licenses are valid for three years from the date of issuance unless suspended or revoked. Any person engaging in the business of manufacturing, importing, distributing, or selling or offering to sell cigarettes without holding a valid license that is currently not suspended or revoked is guilty of a class B misdemeanor for each offense.

UTAH CODE ANN. §§ 59-14-201 to 59-14-203 (2004).

Fee

$30 for a cigarette license and $20 for renewal every three years.

UTAH CODE ANN. § 59-14-201 (2004).

License Suspension for Sales to Minors

The state Tax Commission shall suspend or revoke the licenses to sell tobacco of any business upon receipt of notice from the enforcing agency (the state Department of Health and/or local health departments) that there has been a third or fourth violation of Section 26-40-103 (UT youth access law). A third violation within a 12-month period is subject to a license suspension for not more than 30 days and a fourth or subsequent violation is subject to license revocation for one year.

UTAH CODE ANN. §§ 59-14-203.5 & 26-42-103 (1998).

Advertising and Promotion

It is a class B misdemeanor for any person to display on any billboard, streetcar sign, streetcar, bus, placard or on any other object or place of display, any advertisement of any tobacco product, except that a dealer in tobacco products may have a sign on the front of his place of business stating that he deals in the articles. This law does not prohibit advertisements of tobacco products in any newspaper, magazine, or other periodical in the state. Any ordinance, regulation or rule adopted by the governing body of a political subdivision or state agency that affects the advertising, sale, placement, or display of cigarettes or smokeless tobacco that is not essentially identical to the provisions of this section is superceded.

UTAH CODE ANN. §§ 76-10-102 (1986) & 76-10-105.1 (2004).

Note #1:Enforcement of the above provisions may be affected by the U.S. Supreme Court decision in Lorillard Tobacco Company v. Reilly, decided in 2001.

Note #2: Section 76-10-102 of the Utah Code also required warnings on newspaper, magazine or periodical advertisements for smokeless tobacco products. However, the language of this provision defers to any subsequently enacted federal law for the specific warning language required to be placed in smokeless tobacco advertisements. Shortly thereafter, the federal Comprehensive Smokeless Tobacco Health Education Act of 1986 was enacted and said that no other statement relating to the use of smokeless tobacco products and health shall be required by any state or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.

UTAH CODE ANN. §§ 76-10-102 (1986) & 15 U.S.C. § 4406(b) (1986).

Product Disclosure

The Department of Health shall annually obtain publicly available information regarding cigarettes and tobacco products from other states and sources concerning: (1) the presence of the following substances in detectable levels in an unburned state and, if the cigarette or tobacco product is typically burned when consumed, in a burned state: (a) ammonia or ammonia compounds; (b) arsenic; (c) cadmium; (d) formaldehyde; and (e) lead; and (2) a nicotine yield rating for the cigarette or tobacco product for which a rating has been developed. Information obtained by the department is a public record and may be disclosed and disseminated generally by the department.

UTAH CODE ANN. §§ 26-40-101 et seq. (1998).

Tobacco Settlement

Tobacco Control Appropriations

Utah allocated $7,155,600 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual Master Settlement Agreement payment and state cigarette tax revenue. $7,262,700 was allocated in FY2008.

FY2009 Annual Budget (S.B. 1) enacted 2/4/08 and effective 7/1/08.

Utah created the “Tobacco Settlement Restricted Account”, a restricted account in the general fund. The account shall consist of until July 1, 2003, 50 percent of all funds received from the Master Settlement Agreement; from July 1, 2003 to July 1, 2004, 80 percent of these funds; from July 1, 2004 to July 1, 2005, 70 percent of these funds; from July 1, 2005 to July 1, 2007, 75 percent of these funds; and on and after July 1, 2007, 60 percent of these funds. Funds will be appropriated from this account in the following order: $10.3 million for the children’s health insurance program, $4 million for alcohol, tobacco, and other drug prevention, reduction, cessation, and control programs; $1.49 million for expansion of the drug court program; $510,000 for a drug board pilot program; and $4 million to the University of Utah Health Sciences Center.

UTAH CODE ANN. § 51-9-201 (2008).

Utah created a Permanent State Trust Fund under Utah Constitution Article XXII, Section Four to receive a portion of the annual payments from the Master Settlement Agreement. The principal of the trust fund is invested in perpetuity, and can be transferred to the General Fund only by a vote of three-quarters of both houses of the legislature and concurrence by the governor. The interest income from the trust fund is transferred to the general fund where by statute 50 percent is returned to the permanent trust fund. The account shall consist of until July 1, 2003, 50 percent of all funds received from the Master Settlement Agreement; from July 1, 2003 to July 1, 2004, 20 percent of these funds; from July 1, 2005 to July 1, 2007, 25 percent of these funds; and after July 1, 2007, 40 percent of these funds.

UTAH CONSTITUTION Art. XXII, Section 4 (2009) & UTAH CODE ANN. § 51-9-202 (2008).

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