1. (1)

   1. (a) As used in this section:

      1. (i)

         1. (A) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.
         2. (B) "Face-to-face exchange" does not include a sale through a vending machine or a self-service display.

      2. (ii) "Retailer" means a person who:

         1. (A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or
         2. (B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.
      3. (iii) "Self-service display" means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer's employee.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

2. (2) Except as provided in Subsection (4), an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor:

   1. (a) is a retailer; and
   2. (b) sells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange.

3. (3) A violation of Subsection (2) is:

   1. (a) a class C misdemeanor on the first offense;
   2. (b) a class B misdemeanor on the second offense; or
   3. (c) a class A misdemeanor on the third or subsequent offense.

4. (4) The face-to-face sale requirement in Subsection (2) does not apply to:

   1. (a) a mail-order, telephone, or internet sale made in compliance with Section 59-14-509 or a remote retail sale, as defined in Section 59-14-901, of a cigar or pipe tobacco made in compliance with Section 59-14-902;

   2. (b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:

      1. (i) that is distinct and separate from the rest of the facility; and

      2. (ii) where the retailer only allows an individual who is under 21 years old to be present if the individual:

         1. (A) is accompanied by the actor's parent or legal guardian; or

         2. (B)

            1. (I) is present solely for the purpose of providing a service to the business, including making a delivery;
            2. (II) is monitored by the proprietor business or an employee of the business; and
            3. (III) is not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(ii)(B)(II); or
   3. (c) a sale at a retail tobacco specialty business.

5. (5)

   1. (a) An individual's parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.
   2. (b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

Amended by Chapter 321, 2026 General Session