Section 59-14-102 - DefinitionsAs used in this chapter:
(1) "Alternative nicotine product" means the same as that term is defined in Section 76-10-101.(2) "Cigarette" means a roll made wholly or in part of tobacco:(a) regardless of: (i) the size of the roll;(ii) the shape of the roll;(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or(iv) whether the tobacco is heated or burned; and(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco.(3) "Cigarette rolling machine" means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes.(4) "Cigarette rolling machine operator" means a person who:(a)(i) controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and(ii) makes the cigarette rolling machine available for use by another person to produce a cigarette; or(b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.(5) "Consumer" means a person that is not required:(a) under Section 59-14-201 to obtain a license under Section 59-14-202;(b) under Section 59-14-301 to obtain a license under Section 59-14-202; or(c) to obtain a license under Section 59-14-803.(6) "Counterfeit cigarette" means: (a) a cigarette that has a false manufacturing label; or(b) a package of cigarettes bearing a counterfeit tax stamp.(7)(a) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.(b) "Electronic cigarette" does not include a cigarette or a tobacco product.(8) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.(9) "Electronic cigarette substance" means the same as that term is defined in Section 76-10-101.(10) "Importer" means a person that imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution.(11) "Indian tribal entity" means a federally recognized Indian tribe, tribal entity, or any other person doing business as a distributor or retailer of cigarettes on tribal lands located in the state.(12) "Little cigar" means a roll for smoking that:(a) is made wholly or in part of tobacco;(b) uses an integrated cellulose acetate filter or other similar filter; and(c) is wrapped in a substance: (i) containing tobacco; and(ii) that is not exclusively natural leaf tobacco.(13)(a) Except as provided in Subsection (13)(b), "manufacturer" means a person that:(i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or(ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product.(b) "Manufacturer" does not include a cigarette rolling machine operator.(14) "Moist snuff" means tobacco that: (a) is finely cut, ground, or powdered;(b) has at least 45% moisture content, as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(c) is not intended to be: (ii) placed in the nasal cavity; and(d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or distributed in single-use units, including: (v) packages containing multiple single-use units.(15) "Nicotine" means the same as that term is defined in Section 76-10-101.(16) "Nicotine product" means the same as that term is defined in Section 76-10-101.(17) "Nontherapeutic nicotine device" means the same as that term is defined in Section 76-10-101.(18) "Nontherapeutic nicotine device substance" means the same as that term is defined in Section 76-10-101.(19) "Nontherapeutic nicotine product" means the same as that term is defined in Section 76-10-101.(20) "Prefilled electronic cigarette" means the same as that term is defined in Section 76-10-101.(21) "Prefilled nontherapeutic nicotine device" means the same as that term is defined in Section 76-10-101.(22) "Retailer" means a person that:(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or(b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state.(23) "Stamp" means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205.(24)(a) "Tobacco product" means a product made of, or containing, tobacco.(b) "Tobacco product" includes: (i) a cigarette produced from a cigarette rolling machine;(c) "Tobacco product" does not include a cigarette.(25) "Tribal lands" means land held by the United States in trust for a federally recognized Indian tribe.Amended by Chapter 199, 2022 General Session ,§ 1, eff. 7/1/2022.Amended by Chapter 347, 2020 General Session ,§ 27, eff. 7/1/2020.Amended by Chapter 148, 2013 General Session ,§ 1, eff. 7/1/2013.Amended by Chapter 229, 2011, 2011 General Session