Definitions.

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  • (1) "Alternative nicotine product" means the same as that term is defined in Section 76-10-101.
  • (2) "Cigarette" means a roll for smoking made wholly or in part of tobacco:
    • (a) regardless of:
      • (i) the size of the roll;
      • (ii) the shape of the roll; or
      • (iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; and
    • (b) if the wrapper or cover of the roll 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) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
  • (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:
      • (i) smoked; or
      • (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:
      • (i) tablets;
      • (ii) lozenges;
      • (iii) strips;
      • (iv) sticks; or
      • (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;
      • (ii) a little cigar; or
      • (iii) moist snuff.
    • (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.




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