[§245-22.5]  Prohibition against stamping orsale of cigarettes not listed in the directory pursuant to chapter 486P. (a)  Beginning December 1, 2003, it shall be unlawful for an entity to:

(1)  Affix a stamp to a package or other container ofcigarettes of a tobacco product manufacturer or brand family not included inthe directory; or

(2)  Import, sell, offer, keep, store, acquire,transport, distribute, receive, or possess for sale or distribution cigarettesof a tobacco product manufacturer or brand family not included in thedirectory.

(b)  Any entity that knowingly violatessubsection (a) shall be guilty of a class C felony.

(c)  Any cigarettes that are unlawfullyimported, possessed, offered, kept, stored, acquired, transported, stamped,distributed, received, or sold in violation of this section may be seized andforfeited as contraband pursuant to chapter 712A and all such cigarettes seizedand forfeited shall be destroyed.

(d)  This section shall not apply to cigarettesthat are exempt from taxes as provided by section 245-3(b).

(e)  For purposes of this section:

"Brand family","cigarette", and "tobacco product manufacturer" shall havethe same meaning as in section 486P-1.

"Directory" means the"directory" established pursuant to section 486P-6.

"Entity" means one or moreindividuals, a company, corporation, a partnership, an association, licensee,or any other type of legal entity. [L 2003, c 77, §1]