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

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

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

(B)  The inventory was purchased prior to September30, 2009, and the purchased inventory is comparable to the amount of inventorypurchased during the same period the previous year; or

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

 

Revision Note

 

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