As used in this chapter, unless the context requires a different meaning: “Cigarette” has the same meaning ascribed thereto in § 58.1-1031. “Department” means the Department of Taxation. “Director” means the Executive Director of the Department of Fire Programs. “Importer” has the same meaning ascribed thereto in 26 U.S.C. § 5702 (k). “Manufacturer” means (i) […]
A. Except as provided in subsection N, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless: 1. The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; 2. The […]
A. Each manufacturer shall submit to the Director written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under § 9.1-210. B. The description of each cigarette listed in the certification shall include: 1. The brand; 2. The style; 3. The length in millimeters; 4. The […]
A. Cigarettes that have been certified in accordance with § 9.1-211 shall be marked in accordance with the requirements of this section. B. The marking shall: 1. Be in a font of at least eight-point type; and 2. Include one of the following: a. Modification of the product UPC bar code to include a visible […]
A. Each manufacturer shall: 1. Provide a copy of each certification to each wholesaler to which the manufacturer sells cigarettes; and 2. Provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer in accordance with § 9.1-212 for each retailer and vending machine operator who purchases cigarettes from the […]
A. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § 9.1-210 shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark […]
The Director: 1. In consultation with the State Fire Marshal, may adopt regulations necessary to carry out and administer this chapter; 2. In consultation with the State Fire Marshal, may adopt regulations for the conduct of random inspections of retailers, vending machine operators, and wholesalers to ensure compliance with this chapter; and 3. Shall ensure […]
A. A manufacturer or other person who knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 9.1-210 shall be subject to a civil penalty not exceeding $100 for each such pack of cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed […]
A. Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or sold in North Carolina or South Carolina, or are packaged for sale outside the United […]
