Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that increases the legal smoking and vaping age to 21.

Highlights:

• Prohibits an employee from knowingly or intentionally selling or giving a tobacco product or electronic cigarette product in the course of business to an individual who is under 21 years old (Sec. 29).

• Establishes the following penalties for an employee who violates the above prohibition (Sec. 29):

• For a first violation they will be guilty of an infraction and subject to a fine up to $1,000 or compensatory service; 

• For any subsequent violation, they will be guilty of a Class C misdemeanor and subject to a fine up to $2,000 or compensatory service.

• Specifies that it is a class C misdemeanor for the proprietor of any place of business to knowingly permit an individual under 21 years of age to frequent a place of business while the individual is using a tobacco product or an electronic cigarette product (Sec. 21).

• Prohibits an individual from knowingly, intentionally, recklessly, or with criminal negligence providing tobacco paraphernalia to an individual under 21 years old (Sec. 23).

• Specifies that an individual who violates the above prohibition is guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense (Sec. 23).

• Specifies that an individual who is at least 18 years old, but younger than 21, and who buys, attempts to buy, accepts, or has in their possession a tobacco product or an electronic cigarette is (Sec. 24):

• Guilty of an infraction; and

• Subject to: 

• A minimum fine or penalty of $60; and

• Participation in a court-approved tobacco education or cessation program, which may include a participation fee. 

• Requires the Department of Health to, in consultation with a local health department, establish the following standards for manufacturer sealed electronic cigarette substance, by January 1, 2021 (Sec. 4):

• Labeling; 

• Nicotine content; 

• Packaging; and 

• Product quality.

• Specifies that the previously established provision, which exempted active duty Armed Forces members over the age of 18 from the prohibitions of this act, is now repealed (Sec. 24).

Full Bill Text