This page offers a summary of the federal rules broken down by different types of tobacco products. You can find comprehensive federal requirements for tobacco retailers in the Federal Food, Drug, and Cosmetic Act (FD&C Act), Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco, and the Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act.
Note: In April 2021, FDA announced its plans to propose tobacco product standards within the next year to ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors (including menthol) in cigars.
These laws are designed to make regulated tobacco products less accessible and less attractive to youth. Every day, nearly 1,500 kids smoke their first cigarette and about 200 kids become daily cigarette smokers.7 Additionally, the CDC and FDA found that in 2020, 19.6 percent of high school students currently used e-cigarettes.8 Many of these children will become addicted before they are old enough to understand the risks. As a retailer, you play an important role in protecting children and adolescents by complying with the law and regulations.
Wrong. The damage from smoking is caused by inhaling smoke from burning tobacco leaves. The smoke contains tiny particles and hundreds of chemicals that are created when the leaves burn. Whether those leaves come from factory-made cigarettes or loose-leaf tobacco, doesn't matter. If you thought smoking rollies was healthier for you because they haven't been \"processed\", consider that myth busted.
Maybe once upon a time... Up until September 2016, loose tobacco was taxed less. But now, the price of loose tobacco is the same as manufactured cigarettes. Tobacco companies are trying to fool customers by producing smaller and smaller pouches so it doesn't seem like you are paying as much. Turns out, you end up paying less per pouch but having to buy pouches more often. The bottom line Rollies are not just costly for your health, they're costly for your wallet, too.
Tobacco leaves might be 'natural', but what isn't natural is inhaling smoke from burning tobacco leaves day after day. Burning tobacco leaves - whether they are in manufactured cigarettes or loose from a pouch - creates dangerous toxins such as carbonmonoxide and tar. At the end of the day, roll-your-own tobacco stillleads to many life-threatening health problems, including 16 types of cancer.
It is appropriate when asking for assistance from an Indigenous elder, knowledge keeper or person to offer tobacco. When the person accepts the tobacco, they are agreeing to help in some way. Offering tobacco is a respectful way of asking for assistance and not as symbol of gratitude after help is provided.
Tobacco is a plant grown for its leaves, which are dried and fermented before being put in tobacco products. Tobacco contains nicotine, an ingredient that can lead to addiction, which is why so many people who use tobacco find it difficult to quit. There are also many other potentially harmful chemicals found in tobacco or created by burning it.
People can smoke, chew, or sniff tobacco. Smoked tobacco products include cigarettes, cigars, bidis, and kreteks. Some people also smoke loose tobacco in a pipe or hookah (water pipe). Chewed tobacco products include chewing tobacco, snuff, dip, and snus; snuff can also be sniffed.
Although nicotine is addictive, most of the severe health effects of tobacco use comes from other chemicals. Tobacco smoking can lead to lung cancer, chronic bronchitis, and emphysema. It increases the risk of heart disease, which can lead to stroke or heart attack. Smoking has also been linked to other cancers, leukemia, cataracts, Type 2 Diabetes, and pneumonia. All of these risks apply to use of any smoked product, including hookah tobacco. Smokeless tobacco increases the risk of cancer, especially mouth cancers.
Electronic cigarettes, also known as e-cigarettes or e-vaporizers, are battery-operated devices that deliver nicotine with flavorings and other chemicals to the lungs in vapor instead of smoke. E-cigarette companies often advertise them as safer than traditional cigarettes because they don't burn tobacco. But researchers actually know little about the health risks of using these devices. Read more about e-cigarettes in our Electronic Cigarettes (e-Cigarettes) DrugFacts.
People who stand or sit near others who smoke are exposed to secondhand smoke, either coming from the burning end of the tobacco product or exhaled by the person who is smoking. Secondhand smoke exposure can also lead to lung cancer and heart disease. It can cause health problems in both adults and children, such as coughing, phlegm, reduced lung function, pneumonia, and bronchitis. Children exposed to secondhand smoke are at an increased risk of ear infections, severe asthma, lung infections, and death from sudden infant death syndrome.
In December 2019, the federal government raised the legal minimum age of sale of tobacco products from 18 to 21 years, and in January 2020, the FDA issued a policy on the sale of flavored vaping cartridges.
Effective July 1, 2020, all Utah age-related tobacco laws have been updated from age 19 to age 21. It is now illegal for a retailer to sell tobacco products, electronic cigarette products, nicotine products, and tobacco paraphernalia to anyone younger than 21, including military personnel.
The definition of what is considered a tobacco product, an electronic cigarette product, and a nicotine product has recently changed. Some examples of these products include the following:
For the definitions of tobacco products, electronic cigarette products, and nicotine products, please go to Utah Code 76-10-101. Please contact the local health department for questions about whether these product definitions apply to a specific product the business is planning to sell or offer.
The percentage of Utah tobacco retailers who sold tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21 during underage sale investigations was 10.6% in fiscal year 2021 (July 1, 2020-June 30, 2021).
Over the past 2 fiscal years, the percentage of Utah tobacco retailers who sold tobacco products, electronic cigarette products, or nicotine products to underage individuals during underage sale investigations increased by 66%. The increase in the minimum purchasing age from 19 to 21 years old which became effective July, 1, 2020 may have contributed to higher numbers of violations. The rates of non-compliance for the last 3 fiscal years have been:
Retailers play an important role in reducing access to tobacco products, electronic cigarette products, and nicotine products to individuals younger than 21. In Utah, an individual must be 21 years old to purchase tobacco products, electronic cigarette products, and nicotine products (Utah Code 76-10-114).
Law enforcement agencies are required to investigate the sale of tobacco products, electronic cigarette products, and nicotine products to underage individuals a minimum of two times within a 12-month period at each retailer that sells these products. Additional investigations are allowed if there is reasonable suspicion to believe the establishment has sold a tobacco product, an electronic cigarette product, or a nicotine product to an individual younger than 21 (Utah Code 77-39-101).
These underage sale investigations are conducted using individuals younger than 21 in coordination with the police and local health departments. The underage individual is sent into the business to purchase a tobacco product, an electronic cigarette product, or a nicotine product. Stores that sell tobacco products, electronic cigarette products, or nicotine products to individuals younger than 21, are issued fines, and may not be allowed to sell these products in the future.
Civil monetary penalties can be reduced if the holder of the tobacco license provides proof of an employee training program and that all employees were trained. The Utah Tobacco Retailer Guide and training is an approved employee training program.
Businesses are not allowed to sell tobacco paraphernalia to individuals younger than 21. The penalty for doing so is a Class C misdemeanor for the first offense, and a Class B misdemeanor for each subsequent offense (Utah Code 76-10-104.1). For examples of what is considered paraphernalia, please go to Utah Code 76-10-101(18).
The in-person sale law includes tobacco products, electronic cigarette products, and nicotine products. For the definitions of these products, please go to Utah Code 76-10-101.
In Utah, a business can only sell tobacco products, electronic cigarette products, or nicotine products to a customer in person, meaning a business cannot sell any of these products to a Utah customer by telephone, mail, the internet, or through self-service displays. There are two exceptions to this law:
Click here to report an illegal sale or distribution of a tobacco product, electronic cigarette product or nicotine product. Complaints can be submitted anonymously. For questions, please contact TPCP Retail and Compliance Specialist Camille Jessop at firstname.lastname@example.org.
As of July 1, 2020 all tobacco retailers shall provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
In addition, all tobacco retailers are required to maintain an itemized transaction log for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
The itemized transaction log shall be maintained by tobacco retailers for at least one year after the date of each transaction in the itemized transaction log, which must be made available to an enforcing agency or a peace officer at their request.
Utah law prohibits a general tobacco retailer from gifting, distributing, selling, offering for sale, furnishing a flavored electronic cigarette product. Only tobacco retailers permitted as a retail tobacco specialty business are allowed to sell flavored electronic cigarette products. For examples of what is considered a flavored electronic cigarette product, please go to Utah Code 76-10-101(7). 59ce067264