§ 14‑401.18. Sale ofcertain packages of cigarettes prohibited.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Cigarette. Definedin G.S. 105‑113.4.
(2) Package. Definedin G.S. 105‑113.4.
(b) Offenses. Aperson who sells or holds for sale (other than for export to a foreign country)a package of cigarettes that meets one or more of the following descriptionscommits a Class A1 misdemeanor and engages in an unfair trade practiceprohibited by G.S. 75‑1.1:
(1) The package differsin any respect with the requirements of the Federal Cigarette Labeling andAdvertising Act, 15 U.S.C. § 1331, for the placement of labels, warnings, orany other information upon a package of cigarettes that is to be sold withinthe United States.
(2) The package islabeled "For Export Only," "U.S. Tax Exempt," "For UseOutside U.S.," or has similar wording indicating that the manufacturer didnot intend that the product be sold in the United States.
(3) The package wasaltered by adding or deleting the wording, labels, or warnings described insubdivision (1) or (2) of this subsection.
(4) The package wasimported into the United States after January 1, 2000, in violation of 26U.S.C. § 5754.
(5) The package violatesfederal trademark or copyright laws, federal laws governing the submission ofingredient information to federal authorities pursuant to 15 U.S.C. § 1335a,federal laws governing the import of certain cigarettes pursuant to 19 U.S.C. §1681 and 19 U.S.C. § 1681b, or any other provision of federal law orregulation.
(c) Contraband. Apackage of cigarettes described in subsection (b) of this section is contrabandand may be seized by a law enforcement officer. The procedure for seizure anddisposition of this contraband is the same as the procedure under G.S. 105‑113.31and G.S. 105‑113.32 for non‑tax‑paid cigarettes. (1999‑333, s. 5; 2002‑145,s. 4.)
§ 14‑401.18. Sale ofcertain packages of cigarettes prohibited.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Cigarette. Definedin G.S. 105‑113.4.
(2) Package. Definedin G.S. 105‑113.4.
(b) Offenses. Aperson who sells or holds for sale (other than for export to a foreign country)a package of cigarettes that meets one or more of the following descriptionscommits a Class A1 misdemeanor and engages in an unfair trade practiceprohibited by G.S. 75‑1.1:
(1) The package differsin any respect with the requirements of the Federal Cigarette Labeling andAdvertising Act, 15 U.S.C. § 1331, for the placement of labels, warnings, orany other information upon a package of cigarettes that is to be sold withinthe United States.
(2) The package islabeled "For Export Only," "U.S. Tax Exempt," "For UseOutside U.S.," or has similar wording indicating that the manufacturer didnot intend that the product be sold in the United States.
(3) The package wasaltered by adding or deleting the wording, labels, or warnings described insubdivision (1) or (2) of this subsection.
(4) The package wasimported into the United States after January 1, 2000, in violation of 26U.S.C. § 5754.
(5) The package violatesfederal trademark or copyright laws, federal laws governing the submission ofingredient information to federal authorities pursuant to 15 U.S.C. § 1335a,federal laws governing the import of certain cigarettes pursuant to 19 U.S.C. §1681 and 19 U.S.C. § 1681b, or any other provision of federal law orregulation.
(c) Contraband. Apackage of cigarettes described in subsection (b) of this section is contrabandand may be seized by a law enforcement officer. The procedure for seizure anddisposition of this contraband is the same as the procedure under G.S. 105‑113.31and G.S. 105‑113.32 for non‑tax‑paid cigarettes. (1999‑333, s. 5; 2002‑145,s. 4.)
§ 14‑401.18. Sale ofcertain packages of cigarettes prohibited.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Cigarette. Definedin G.S. 105‑113.4.
(2) Package. Definedin G.S. 105‑113.4.
(b) Offenses. Aperson who sells or holds for sale (other than for export to a foreign country)a package of cigarettes that meets one or more of the following descriptionscommits a Class A1 misdemeanor and engages in an unfair trade practiceprohibited by G.S. 75‑1.1:
(1) The package differsin any respect with the requirements of the Federal Cigarette Labeling andAdvertising Act, 15 U.S.C. § 1331, for the placement of labels, warnings, orany other information upon a package of cigarettes that is to be sold withinthe United States.
(2) The package islabeled "For Export Only," "U.S. Tax Exempt," "For UseOutside U.S.," or has similar wording indicating that the manufacturer didnot intend that the product be sold in the United States.
(3) The package wasaltered by adding or deleting the wording, labels, or warnings described insubdivision (1) or (2) of this subsection.
(4) The package wasimported into the United States after January 1, 2000, in violation of 26U.S.C. § 5754.
(5) The package violatesfederal trademark or copyright laws, federal laws governing the submission ofingredient information to federal authorities pursuant to 15 U.S.C. § 1335a,federal laws governing the import of certain cigarettes pursuant to 19 U.S.C. §1681 and 19 U.S.C. § 1681b, or any other provision of federal law orregulation.
(c) Contraband. Apackage of cigarettes described in subsection (b) of this section is contrabandand may be seized by a law enforcement officer. The procedure for seizure anddisposition of this contraband is the same as the procedure under G.S. 105‑113.31and G.S. 105‑113.32 for non‑tax‑paid cigarettes. (1999‑333, s. 5; 2002‑145,s. 4.)
