[§132C-8]  Existing inventories; consumer
testing.  The requirement that cigarettes sold in Hawaii must be in
compliance with this chapter shall not prohibit:



(1)  Wholesalers or dealers from selling existing
cigarette inventories on or after September 30, 2009; provided that the
wholesaler or dealer can establish both of the following to the satisfaction of
the state fire council:



(A)  The Hawaii tax stamps were affixed to the
cigarettes pursuant to chapter 245 prior to September 30, 2009; and



(B)  The inventory was purchased prior to September
30, 2009, and the purchased inventory is comparable to the amount of inventory
purchased during the same period the previous year; or



(2)  The sale of cigarettes solely for the purpose of
consumer testing.  For the purposes of this paragraph, the term "consumer
testing" means an assessment of cigarettes that is conducted by or under
the control and direction of a manufacturer for the purpose of evaluating
consumer acceptance of cigarettes, using only the quantity of cigarettes that
is reasonably necessary for the assessment, and in a controlled setting where
the cigarettes are either consumed on-site or returned to the testing
administrators at the conclusion of the testing. [L 2008, c 218, pt of §1]



 



Revision Note



 



  "September 30, 2009" substituted for "the
effective date of this Act".