(1) A person may not sell a non-nicotine inhalation product or a non-nicotine inhalation substance unless the product is contained in the registry described in Section 59-14-810. (2) The department, a local health department, and the Department of Agriculture and Food shall enforce this section under the procedures of Title 63G, Chapter 4, Administrative Procedures Act, as an informal adjudicative proceeding, including: (a) notifying a retailer of alleged violations; (b) conducting hearings; (c) determining violations; and (d) imposing civil administrative penalties. (3) If a violation is found in an investigation by an enforcing agency or law enforcement, the enforcing agency shall: (a) on a first violation, impose a penalty of $1,500; (b) on a second violation, impose a penalty of $5,000; and (c) (i) on a third violation, impose a penalty of $6,000; and (ii) revoke the permit of the retailer. (4) (a) Except when a transfer described in Subsection (5) occurs, a local health department may not issue a permit to: (i) a retailer for whom a permit is revoked under Subsection (3); or (ii) a retailer that has the same proprietor, director, corporate officer, partner, or other holder of significant interest as another retailer for whom a permit is revoked under Subsection (3). (b) A person whose permit is revoked under this section may not apply for a new permit for a period of 24 months after the day on which an enforcing agency revokes the permit. (5) Violations of this section shall stay on the record for the retailer unless: (a) the retailer is transferred to a new proprietor; and (b) the new proprietor provides documentation to the local health department that the new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous proprietor. (6) At a civil hearing for enforcement under Subsection (2) or (3), evidence of the final criminal conviction of a person for violating Section 76-9-1115 is prima facie evidence of a violation of this section.
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