HRS § 245-51 — Export and foreign cigarettes prohibited


[PART III
[PART
III.] EXPORT AND FOREIGN CIGARETTES
§245-51 Export and foreign cigarettes
prohibited. It shall be unlawful for an entity to possess, keep, store,
retain, transport, sell, or offer to sell, distribute, acquire, hold, own,
import, or cause to be imported into the State any of the following cigarettes:
(1) The package of which bears any statement, label,
stamp, sticker, or notice indicating that the manufacturer did not intend the
cigarettes to be sold, distributed, or used in the United States, including but
not limited to labels stating "for export only", "U.S.
tax-exempt", "for use outside U.S.", or similar wording;
(2) The package of which does not comply with all
requirements imposed by federal law regarding warnings and other information on
packages of cigarettes manufactured, packaged, or imported for sale,
distribution, or use in the United States, including but not limited to the
specific warning labels specified in the federal Cigarette Labeling and
Advertising Act, title 15 U.S.C. section 1333;
(3) The package of which does not comply with all
federal trademark and copyright laws;
(4) Imported into the United States on or after
January 1, 2000, in violation of title 26 U.S.C. section 5754 or any other
federal law or regulation;
(5) For which the person otherwise knows or has
reason to know the manufacturer did not intend to be sold, distributed, or used
in the United States;
(6) For which there has not been submitted to the
Secretary of the United States Department of Health and Human Services the list
of the ingredients added to tobacco in the manufacture of such cigarettes
required by the federal Cigarette Labeling and Advertising Act, title 15 U.S.C.
section 1335a; or
(7) The package of which bears a cigarette brand name
that is a registered United States trademark of a participating manufacturer
and the package was imported by anyone other than the participating
manufacturer of that cigarette brand. "Participating manufacturer"
means any signatory to the "Master Settlement Agreement", as the
latter term is defined in section 675-2.