Accepting delivery of unstamped cigarettes prohibited

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    (a)    Unless authorized by a license, a person may not accept delivery of unstamped cigarettes.

    (b)    On receipt of a package of cigarettes, a retailer, subwholesaler, or vending machine operator immediately shall:

        (1)    examine the package to find out whether tobacco tax stamps are affixed properly to the package as required by § 12-304 of the Tax - General Article; and

        (2)    reject any unstamped or improperly stamped cigarettes by:

            (i)    returning them to the seller or consignor; or

            (ii)    delivering them to a common carrier for return to the seller or consignor.

    (c)    (1)    There is a presumption that any unstamped cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler are held in violation of this subtitle.

        (2)    A retailer, subwholesaler, vending machine operator, or wholesaler who holds unstamped cigarettes has the burden to prove that the cigarettes are not held in violation of this subtitle.


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