[PARTIII.]  EXPORT AND FOREIGN CIGARETTES

 

§245-51  Export and foreign cigarettesprohibited.  It shall be unlawful for an entity to possess, keep, store,retain, transport, sell, or offer to sell, distribute, acquire, hold, own,import, or cause to be imported into the State any of the following cigarettes:

(1)  The package of which bears any statement, label,stamp, sticker, or notice indicating that the manufacturer did not intend thecigarettes to be sold, distributed, or used in the United States, including butnot limited to labels stating "for export only", "U.S.tax-exempt", "for use outside U.S.", or similar wording;

(2)  The package of which does not comply with allrequirements imposed by federal law regarding warnings and other information onpackages of cigarettes manufactured, packaged, or imported for sale,distribution, or use in the United States, including but not limited to thespecific warning labels specified in the federal Cigarette Labeling andAdvertising Act, Title 15 U.S.C. section 1333;

(3)  The package of which does not comply with allfederal trademark and copyright laws;

(4)  Imported into the United States on or afterJanuary 1, 2000, in violation of Title 26 U.S.C. section 5754 or any otherfederal law or regulation;

(5)  For which the person otherwise knows or hasreason to know the manufacturer did not intend to be sold, distributed, or usedin the United States;

(6)  For which there has not been submitted to theSecretary of the United States Department of Health and Human Services the listof the ingredients added to tobacco in the manufacture of such cigarettesrequired by the federal Cigarette Labeling and Advertising Act, Title 15 U.S.C.section 1335a; or

(7)  The package of which bears a cigarette brand namethat is a registered United States trademark of a participating manufacturerand the package was imported by anyone other than the participatingmanufacturer of that cigarette brand. "Participating manufacturer"means any signatory to the "Master Settlement Agreement", as thelatter term is defined in section 675-2. [L 2000, c 201, pt of §1; am L 2001, c32, §1; am L 2003, c 77, §4]