Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 34 First Substitute (2022GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definitions of "cigarette" and "electronic cigarette."

Every vote on this bill

Bill text

CIGARETTE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies tax and criminal code provisions related to cigarettes.
Highlighted Provisions:
This bill:
▸ modifies the definitions of "cigarette" and "electronic cigarette."
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
59-14-102
, as last amended by Laws of Utah 2020, Chapter 347
76-10-101
, as last amended by Laws of Utah 2020, Chapters 12, 302, and 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-14-102
 is amended to read:
59-14-102.
Definitions.
As 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 [
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
] 
or
(iv) whether the tobacco is heated or burned; and
(b) if the 
roll has a
 wrapper or cover [
of the roll
] 
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:
(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.
Section 2. Section 
76-10-101
 is amended to read:
76-10-101.
Definitions.
As used in this part:
(1) (a) "Alternative nicotine product" means a product, other than a cigarette, a
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a
tobacco product, that:
(i) contains nicotine;
(ii) is intended for human consumption;
(iii) is not purchased with a prescription from a licensed physician; and
(iv) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Alternative nicotine product" includes:
(i) pure nicotine;
(ii) snortable nicotine;
(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
(iv) nicotine-laced food and beverage.
(c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
contains naturally occurring nicotine.
(2) "Cigar" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
any substance containing tobacco, other than any roll of tobacco that is a cigarette.
(3) "Cigarette" means a product that contains nicotine, is intended to be 
heated or
burned under ordinary conditions of use, and consists of:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) any roll of tobacco wrapped in any substance containing tobacco which, because of
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a).
(4) (a) "Electronic cigarette" means:
(i) any electronic oral device:
(A) that provides an aerosol or a vapor of nicotine or other substance; and
(B) which simulates smoking through the use or inhalation of the device;
(ii) a component of the device described in Subsection (4)(a)(i); or
(iii) an accessory sold in the same package as the device described in Subsection
(4)(a)(i).
(b) "Electronic cigarette" includes an oral device that is:
(i) composed of a heating element, battery, or electronic circuit; and
(ii) marketed, manufactured, distributed, or sold as:
(A) an e-cigarette;
(B) an e-cigar;
(C) an e-pipe; or
(D) any other product name or descriptor, if the function of the product meets the
definition of Subsection (4)(a).
(c) "Electronic cigarette" does not mean a medical cannabis device, as that term is
defined in Section 
26-61a-102
.
(5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
substance, or a prefilled electronic cigarette.
(6) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
(7) (a) "Flavored electronic cigarette product" means an electronic cigarette product
that has a taste or smell that is distinguishable by an ordinary consumer either before or during
use or consumption of the electronic cigarette product.
(b) "Flavored electronic cigarette product" includes an electronic cigarette product that
has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb, or spice.
(c) "Flavored electronic cigarette product" does not include an electronic cigarette
product that:
(i) has a taste or smell of only tobacco, mint, or menthol; or
(ii) has been approved by an order granting a premarket tobacco product application of
the electronic cigarette product by the United States Food and Drug Administration under 21
U.S.C. Sec. 387j(c)(1)(A)(i).
(8) "Nicotine" means a poisonous, nitrogen containing chemical that is made
synthetically or derived from tobacco or other plants.
(9) "Nicotine product" means an alternative nicotine product or a nontherapeutic
nicotine product.
(10) (a) "Nontherapeutic nicotine device" means a device that:
(i) has a pressurized canister that is used to administer nicotine to the user through
inhalation or intranasally;
(ii) is not purchased with a prescription from a licensed physician; and
(iii) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a
nontherapeutic nicotine nasal spray.
(11) "Nontherapeutic nicotine device substance" means a substance that:
(a) contains nicotine;
(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
(c) is not purchased with a prescription from a licensed physician; and
(d) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(12) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
(13) "Place of business" includes:
(a) a shop;
(b) a store;
(c) a factory;
(d) a public garage;
(e) an office;
(f) a theater;
(g) a recreation hall;
(h) a dance hall;
(i) a poolroom;
(j) a café;
(k) a cafeteria;
(l) a cabaret;
(m) a restaurant;
(n) a hotel;
(o) a lodging house;
(p) a streetcar;
(q) a bus;
(r) an interurban or railway passenger coach;
(s) a waiting room; and
(t) any other place of business.
(14) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
with an electronic cigarette substance.
(15) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device
that is sold prefilled with a nontherapeutic nicotine device substance.
(16) "Retail tobacco specialty business" means the same as that term is defined in
Section 
26-62-102
.
(17) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
lighted smoking equipment.
(18) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
that is used, intended for use, or designed for use to package, repackage, store, contain,
conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette
substance, or a nontherapeutic nicotine device substance into the human body.
(b) "Tobacco paraphernalia" includes:
(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) water pipes;
(iii) carburetion tubes and devices;
(iv) smoking and carburetion masks;
(v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
has become too small or too short to be held in the hand;
(vi) chamber pipes;
(vii) carburetor pipes;
(viii) electric pipes;
(ix) air-driven pipes;
(x) chillums;
(xi) bongs; and
(xii) ice pipes or chillers.
(c) "Tobacco paraphernalia" does not include matches or lighters.
(19) "Tobacco product" means:
(a) a cigar;
(b) a cigarette; or
(c) tobacco in any form, including:
(i) chewing tobacco; and
(ii) any substitute for tobacco, including flavoring or additives to tobacco.
(20) "Tobacco retailer" means:
(a) a general tobacco retailer, as that term is defined in Section 
26-62-102
; or
(b) a retail tobacco specialty business.
Section 3. 
Effective date.
This bill takes effect on July 1, 2022.