2011 Utah Code
Title 59 Revenue and Taxation
Chapter 14 Cigarette and Tobacco Tax and Licensing Act
Section 102 Definitions.
59-14-102. Definitions.As used in this chapter:
(1) "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:
(A) flavored;
(B) adulterated; or
(C) mixed with any other ingredient; and
(b) if the wrapper or cover of the roll is made of paper or any other substance or material except tobacco.
(2) "Consumer" means a person that is not required:
(a) under Section 59-14-201 to obtain a license under Section 59-14-202; or
(b) under Section 59-14-301 to obtain a license under Section 59-14-202.
(3) "Counterfeit cigarette" means:
(a) a cigarette that has a false manufacturing label; or
(b) a package of cigarettes bearing a counterfeit tax stamp.
(4) "Importer" means a person who imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution.
(5) "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.
(6) "Little cigar" means a roll for smoking:
(a) made wholly or in part of tobacco;
(b) that uses an integrated cellulose acetate filter or other similar filter; and
(c) that is wrapped in a substance:
(i) containing tobacco; and
(ii) that is not exclusively natural leaf tobacco.
(7) "Manufacturer" means a person who manufactures, fabricates, assembles, processes, or labels a finished cigarette.
(8) "Moist snuff" means tobacco that:
(a) is finely:
(i) cut;
(ii) ground; or
(iii) 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.
(9) "Retailer" means a person that:
(a) sells or distributes a cigarette to a consumer in the state; or
(b) intends to sell or distribute a cigarette to a consumer in the state.
(10) "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.
(11) (a) "Tobacco product" means a product made of, or containing, tobacco.
(b) "Tobacco product" includes:
(i) a little cigar; or
(ii) moist snuff.
(c) "Tobacco product" does not include a cigarette.
(12) "Tribal lands" means land held by the United States in trust for a federally recognized Indian tribe.
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