A. It shall be unlawful for any person to sell, offer for sale or import into this state any package or container of tobacco products:
1. Which bears any label or notice prescribed by the United States Department of Treasury to identify tobacco products intended for export and exempt from tax by the United States pursuant to Section 5704(b) of Title 26 of the United States Code or any notice or label described in Section 290.185 of Title 27 of the United States Code of Federal Regulations;
2. Which is not labeled in conformity with the provisions of the Federal Cigarette Labeling and Advertising Act, or any other federal requirement for the placement of labels, warnings or other information applicable to packages or containers of tobacco products intended for domestic consumption;
3. Upon which all federal taxes due have not been paid or which is not in compliance with all federal trademark and copyright laws; or
4. The packaging of which has been modified or altered by a person other than the manufacturer or person specifically authorized by the manufacturer including, but not limited to, the placement of a sticker or label to cover information on the package or container.
Possession of more than thirty (30) ounces of tobacco products in violation of this subsection by a person other than an employee of this state or the federal government performing official duties relating to enforcement of the provisions of Section 400 et seq. of this title shall constitute prima facie evidence of a violation of the provisions of this subsection.
B. Except as otherwise provided by law, the Attorney General shall enforce the provisions of this section.
Added by Laws 1999, c. 162, § 4. Amended by Laws 2021, c. 385, § 13, eff. July 1, 2021.
NOTE: Editorially renumbered from § 403.1 of this title to avoid duplication in numbering.
NOTE: Section 8 of Laws 1999, c. 162 provides: "This act shall become effective thirty (30) days after approval of this act by the Governor." Laws 1999, c. 162 was approved by the Governor on May 17, 1999.