Summary of the Introduced Bill

HB 381 -- Gray Market Tobacco

Co-Sponsors:  Hoppe, Hosmer

This bill bans the sale and distribution of "gray market
cigarettes."  Gray market cigarettes are cigarettes that are
packaged for sale outside the United States and may not contain
required health warnings and ingredient lists.  These cigarettes
may also be distributed under names and packages similar to
cigarettes manufactured for sale in the United States.  Persons
are prohibited from affixing any stamp or meter impressions to
gray market cigarettes.  Persons violating this law are guilty
of a class D felony.  The bill allows the Director of the
Department of Revenue to revoke or suspend the license of a
wholesaler who violates this law.  In addition, the director may
impose a civil penalty not greater than 500% of the retail value
of the cigarettes involved or $5,000.  Gray market cigarettes
sold or distributed in violation of this law are considered
contraband and subject to seizure and forfeiture.  In addition,
violations are subject to remedies or penalties available for a
violation of unlawful trade practices.  This law is to be
enforced by the Director of Revenue through the State Highway
Patrol and all local police authorities.  The Attorney General
has concurrent power with the prosecuting attorneys of the state
to enforce this law.


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Last Updated November 26, 2001 at 11:43 am