Penalties for Violating Utah Tobacco Laws
26-42-103-Civil Penalties for Tobacco Sales To Underage Persons
(1) If, following an investigation or issuance of a citation or information under Section 77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any employee has sold tobacco to a person younger than 19 years of age, as prohibited by Section 76-10-104, the enforcing agency may impose upon the licensee the following administrative penalties:
|*Offenses, fines, and revocations are based on a 12 month "rolling window".
76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to minors -- Penalties.
(1) Any person who knowingly, intentionally, recklessly, or with criminal negligence provides any cigar, cigarette, electronic 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.
(2) For purposes of this section "provides":
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
(b) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.
Federal Penalties for Violation of the Family Smoking Prevention and Tobacco Control Act
In 2009 the Family Smoking Prevention and Tobacco Control Act was signed and became effective. The Act contains provisions to protect youth from accessing tobacco that tobacco manufacturers, distributors, and retailers are required to follow. More information about the Act.
You Can Avoid Penalties
Selling tobacco products carries with it a number of responsibilities as well as consequences for failing to follow through on those responsibilities. By becoming aware of these obligations and conducting ongoing employee education these penalties can be avoided.
The following resources are available to assist Utah tobacco retailers in meeting their obligations:
How to Avoid Penalties
- Train employees
- Provide updates
- Offer incentives
- Post signs
- Get help