39-8401. FINDINGS AND PURPOSE. The legislature finds that violations of Idaho’s tobacco master settlement agreement act threaten the integrity of Idaho’s master settlement agreement with leading tobacco product manufacturers, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will help prevent violations of Idaho’s tobacco master settlement […]
39-8402. DEFINITIONS. (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, "menthol," "lights," "kings," and "100s," and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling […]
39-8403. CERTIFICATIONS — DIRECTORY — TAX STAMPS. (1) Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a wholesaler, distributor, retailer or similar intermediary or intermediaries shall execute and deliver on a form prescribed by the attorney general a certification to the attorney general no later than the thirtieth […]
39-8404. AGENT FOR SERVICE OF PROCESS. (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage without interruption the services of […]
39-8405. REPORTING OF INFORMATION — ESCROW INSTALLMENTS. (1) Not later than twenty (20) calendar days after the end of each calendar quarter, and more frequently if so directed by the attorney general, each stamping agent shall submit such information as the attorney general requires to facilitate compliance with this chapter including, but not limited to, […]
39-8406. PENALTIES AND OTHER REMEDIES. (1) Each stamp affixed, each sale or offer to sell, and each cigarette possessed in violation of section 39-8403(3), Idaho Code, shall constitute a separate violation. For each violation hereof, the district court may impose a civil penalty in an amount not to exceed the greater of five hundred percent […]
39-8407. MISCELLANEOUS PROVISIONS. (1) A determination of the attorney general to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Idaho’s administrative procedure act. (2) No person shall be issued a license or granted a renewal of a license to act […]
39-8420. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the commercial use of cigarette rolling machines in this state has the potential to circumvent various requirements under Idaho law related to the manufacturing, marketing, sale and taxation of cigarettes. Such use is to the detriment of the fiscal soundness of the state and the […]
39-8421. DEFINITIONS. As used in sections 39-8420 through 39-8425, Idaho Code: (1) The definitions set forth in section 39-8402, Idaho Code, of the Idaho tobacco master settlement agreement complementary act, and in this section, apply to sections 39-8420 through 39-8425, Idaho Code. (2) "Cigarette rolling machine" means any machine or device that has the capability […]
39-8422. CERTIFICATION OF CIGARETTE ROLLING MACHINE OPERATORS. A cigarette rolling machine operator may not locate at, offer, or make a cigarette rolling machine available for use, or offer for sale cigarettes manufactured by the operator or any other person at the location of the operator’s cigarette rolling machine, until the operator has first been certified […]
39-8423. REQUIREMENTS FOR CERTIFICATION. (1) Before a cigarette rolling machine operator may be certified by the attorney general, the operator shall certify, under penalty of perjury, that: (a) All tobacco to be used in the operator’s cigarette rolling machine, regardless of the tobacco’s label or description thereof, will only be of a brand family and […]
39-8424. VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION. (1) Any person who violates any provision of this act, or any certification provided by the attorney general, is subject to the imposition of a civil penalty by the district court in the amount set forth in section 39-8406(1), Idaho Code. The […]
39-8425. RULEMAKING. The attorney general may adopt rules to implement this act. With respect to section 39-8423(1)(d), Idaho Code, the attorney general shall adopt rules with an effective date that is no earlier than July 1, 2013. In adopting rules implementing subsection 39-8423(1)(d), Idaho Code, the attorney general may provide for an effective date that […]
