HRS § 245-22.5 — Prohibition against stamping or sale of cigarettes not listed in the directory pursuant to chapter 486P


House Bill
[§245-22.5] Prohibition against stamping or
sale of cigarettes not listed in the directory pursuant to chapter 486P.
(a) Beginning December 1, 2003, it shall be unlawful for an entity to:
(1) Affix a stamp to a package or other container of
cigarettes of a tobacco product manufacturer or brand family not included in
the directory; or
(2) Import, sell, offer, keep, store, acquire,
transport, distribute, receive, or possess for sale or distribution cigarettes
of a tobacco product manufacturer or brand family not included in the
directory.
(b) Any entity that knowingly violates
subsection (a) shall be guilty of a class C felony.
(c) Any cigarettes that are unlawfully
imported, possessed, offered, kept, stored, acquired, transported, stamped,
distributed, received, or sold in violation of this section may be seized and
forfeited as contraband pursuant to chapter 712A and all such cigarettes seized
and forfeited shall be destroyed.
(d) This section shall not apply to cigarettes
that are exempt from taxes as provided by section 245-3(b).
(e) For purposes of this section:
"Brand family",
"cigarette", and "tobacco product manufacturer" shall have
the same meaning as in section 486P-1.
"Directory" means the
"directory" established pursuant to section 486P-6.
"Entity" means one or more
individuals, a company, corporation, a partnership, an association, licensee,
or any other type of legal entity.