what does this mean for Utah?

[lexi60]

http://le.utah.gov/~2010/bills/hbillenr/hb0088.pdf

Is there anyone that can translate this? the part that states "Sales must be face to face" is what worrys me. does this mean I cant buy online? anything related to e-cigs? sorry I dont understand legal terms. this bill has passed in Utah. Thanks.

 

[CJsKee]

It appears online orders are exempt -- see line 401 on page 19.

 

[Hellen A. Handbasket]

It is (relatively) ok Lexi. It actually does not ban ecigs in Utah, only defines banning sales to and possesion by minors (with fines) and bans them in jails and mental health facilities. Which is ridiculous.

It was written poorly and was a little confusing (especially the internet sales stuff). Lots of it was about having them at schools, using fake i.d. to purchase them/tobacco products, etc.

Utah is still good to go. No Bans!

 

[Tampa2]

Looks like you have to be 19 years of age or older. And goes into great detail about fake Drivers license. I like the part about the correctional facilities, though. Sort of classifies e-gigs with contraband drugs. Go figure......

 

[lexi60]

400 (3) The following sales are permitted as exceptions to Subsection (2):
401 (a) mail-order sales, if the provisions of Section 59-14-509 are met;



59-14-509. Restrictions on mail order or Internet sales.
(1) For purposes of this section:
(a) "Distributor" means a person, wherever residing or located, who:
(i) is licensed in this state to purchase non-taxed tobacco products; and
(ii) stores, sells, or otherwise disposes of tobacco products.
(b) "Licensed person" is as defined in Subsection 59-14-409(1).
(c) "Order or purchase" includes:
(i) by mail or delivery service;
(ii) through the Internet or computer network;
(iii) by telephone; or
(iv) through some other electronic method.
(d) "Retailer" means any person who sells tobacco products to consumers for personal consumption.
(2) A person, distributor, manufacturer, or retailer shall not:
(a) cause tobacco products or cigarettes as defined in Section 59-22-202 to be ordered or purchased by anyone other than a licensed person; or
(b) knowingly provide substantial assistance to a person who violates this section.
(3) (a) Each order or purchase of a tobacco product or cigarettes as defined in Section 59-22-202 in violation of Subsection (2) shall constitute a separate violation under this section.
(b) In addition to the penalties in Subsection (4), a person who violates this section is subject to:
(i) a civil penalty in an amount not to exceed $5,000 for each violation of this section;
(ii) an injunction to restrain a threatened or actual violation of this section; and
(iii) recovery by the state for:
(A) the costs of investigation;
(B) the cost of expert witness fees;
(C) the cost of the action; and
(D) reasonable attorney's fees.
(4) A person who knowingly violates this section has engaged in an unfair and deceptive trade practice in violation of Title 13, Chapter 5, Unfair Practices Act, and the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the General Fund


Sorry for the long message, just want to make sure this is good to go? thanks

 

[Hellen A. Handbasket]

Lexi, like we all said, it is fine.

Here is a thread that has the whole thing from beginning to end to see how bad it could have been for Utah. You can thank the great folks on this forum for taking action!! They made a HUGE difference.

http://www.e-cigarette-forum.com/fo...hit-e-cigarettes-smokeless-nicotine-utah.html

 

[lexi60]

Thanks for the link. I tent to over think alot of this stuff. When it comes to the law, I dont know anymore. I just cant understand why the big fight to ban e cigs. I'd almost call them a Godsend.


Yes I understand the ban war, Just Like Monopoly he who owns the most money and hotels wins.....