2006 Utah Code - 76-10-111 — Prohibition of gift or free distribution of smokeless tobacco -- Exceptions.

     76-10-111.   Prohibition of gift or free distribution of smokeless tobacco -- Exceptions.
     (1) The Legislature finds that smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers; that the use of smokeless tobacco among juveniles in this state is increasing rapidly; and that it is necessary to restrict the gift of these products in the interest of the health of the citizens of this state.
     (2) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, and retailer to give or distribute without charge any smokeless tobacco or chewing tobacco in this state. Any person who violates this section is guilty of a class C misdemeanor for the first offense, and is guilty of a class B misdemeanor for any subsequent offense.
     (3) (a) Smokeless tobacco or chewing tobacco may be distributed to adults without charge at professional conventions where the general public is excluded.
     (b) Subsection (2) does not apply to retailers, manufacturers, or distributors who give smokeless tobacco or chewing tobacco to persons of legal age upon their purchase of other tobacco products.

Amended by Chapter 14, 1990 General Session