Section 34-49-17 – Examination of books and records.
34-49-17. Examination of books and records. To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, […]
Section 34-49-18 – Cigarette fire safety standard act fund created.
34-49-18. Cigarette fire safety standard act fund created. There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be […]
Section 34-49-19 – Out-of-state sales permitted.
34-49-19. Out-of-state sales permitted. Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§34-49-2 to 34-49-7, inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or […]
Section 34-49-20 – Certain sales of existing inventory on or after January 1, 2011 permitted.
34-49-20. Certain sales of existing inventory on or after January 1, 2011 permitted. Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January […]
Section 34-49-9 – Cigarette package marking requirements.
34-49-9. Cigarette package marking requirements. Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or […]
Section 34-49-10 – Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.
34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements. A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§34-49-2 to 34-49-7, inclusive, is subject to a civil […]
Section 34-49-1 – Definition of terms.
34-49-1. Definition of terms. Terms used in this chapter mean: (1)”Brand family,” 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. “Brand family” includes cigarettes sold under a brand name, whether that name […]
Section 34-49-2 – Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.
34-49-2. Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking. Except as provided in §34-49-7, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in […]
Section 34-49-3 – Use of lowered permeability bands to meet performance standard–Requirements.
34-49-3. Use of lowered permeability bands to meet performance standard–Requirements. Each cigarette listed in a certification submitted pursuant to §34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco […]
Section 34-49-4 – Alternative test method and performance standard.
34-49-4. Alternative test method and performance standard. A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in §34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a […]