Utah Code § 4-45a-101 Definitions.
4-45a-101. Definitions.
As used in this section:
(1) "Conventional food" means:
(a) an article used for food or drink for human or animal consumption or the components of the article; or
(b) chewing gum or chewing gum components.
(2)
(a) "Crime involving a nicotine containing product" means an offense described in any of the following sections:
(i) Section 76-9-1102, Illegal sale of clove cigarette;
(ii) Section 76-9-1103, Permitting minors to use tobacco or electronic cigarette product in place of business;
(iii) Section 76-9-1104, Providing tobacco product, electronic cigarette product, or nicotine product to a minor;
(iv) Section 76-9-1105, Providing tobacco paraphernalia to a minor;
(v) Section 76-9-1107, Requirement of direct, face-to-face sale -- Restrictions on remote sales;
(vi) Section 76-9-1108, Illegal presence of a minor inside a retail tobacco specialty business;
(vii) Section 76-9-1112, Illegal provision of smokeless tobacco or electronic cigarette product;
(viii) Section 76-9-1113, Illegal distribution of a tobacco product on school property;
(ix) Section 76-9-1114, Illegal distribution of a flavored electronic cigarette product;
(x) Section 76-9-1115, Illegal distribution of electronic cigarette product without premarket authorization; or
(xi) Section 76-9-1116, Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.
(b) "Crime involving a nicotine containing product" includes a conviction for an offense previously in statute in this state that is the same or substantially similar to an offense described in Subsection (2)(a).
(3) "Electronic cigarette product" means the same as that term is defined in Section 76-9-1101.
(4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business.
(5) "License" means the license described in Section 4-45a-102.
(6) "Licensee" means a specialized product retailer licensed under Section 4-45a-102.
(7) "Nicotine product" means the same as that term is defined in Section 76-9-1101.
(8) "Product list" means a list of specialized products sold by a licensee.
(9) "Self-service display" means the same as that term is defined in Section 76-9-1107.
(10)
(a) "Specialized product" means any product intended to be ingested, inhaled, absorbed, or introduced into the human body that is:
(i) a cannabinoid product, as defined in Section 4-41-102;
(ii) a kratom product, as defined in Section 4-45-102;
(iii) a tobacco product that is not tobacco paraphernalia;
(iv) a nicotine product;
(v) an electronic cigarette substance, as defined in Section 76-9-1101;
(vi) a prefilled electronic cigarette, as defined in Section 76-9-1101; or
(vii) a product containing a substance:
(A) not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; and
(B) that is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects;
(viii) a non-nicotine inhalation product, as defined in Section 76-9-1101; or
(ix) a non-nicotine inhalation substance, as defined in Section 76-9-1101.
(b) "Specialized product" includes a product described in Subsection (10)(a) even if the product complies with the federal Dietary Supplement Health and Education Act, 21 U.S.C. Sec. 321(ff) et seq.
(c) "Specialized product" does not include a conventional food product that does not contain any substance or product type described in Subsection (10)(a).
(11) "Specialized product retailer" means a person that sells a specialized product.
(12) "Tobacco product" means:
(a) a tobacco product as defined in Section 76-9-1101; or
(b) tobacco paraphernalia as defined in Section 76-9-1101.
(13) "Tobacco retailer" means a person that is required to obtain a State Tax Commission license for the sale of an electronic cigarette product, nicotine product, or tobacco product.
Enacted by Chapter 420, 2026 General Session