SENATE BILL NO. 533
INTRODUCED BY G. DEVLIN, B. DEPRATU, J. BOHLINGER, D. ECK, J. ELLINGSON, B. GLASER,
S. STANG
BY REQUEST OF THE SENATE TAXATION STANDING COMMITTEE
AN ACT MAKING IT UNLAWFUL TO IMPORT INTO THIS STATE FOR SALE OR DISTRIBUTION CIGARETTES OR TOBACCO PRODUCTS MANUFACTURED FOR USE OUTSIDE THE UNITED STATES; MAKING IT UNLAWFUL TO AFFIX A TAX INSIGNIA ON CIGARETTES OR TO SELL OR ATTEMPT TO SELL CIGARETTES OR TOBACCO PRODUCTS MANUFACTURED FOR USE OUTSIDE THE UNITED STATES OR LABELED CONTRARY TO FEDERAL LAW; AND PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Cigarette and tobacco product labels -- federal requirements -- penalty. (1) A person may not knowingly import into this state for sale or other distribution any package of cigarettes or tobacco product that violates any federal:
(a) tax, trademark, or copyright law; or
(b) requirement for the placement of labels, warnings, or other information, including health hazards, that must be on the container or individual package.
(2) A person may not sell or offer to sell a package of cigarettes or tobacco product or affix the tax insignia on a package of cigarettes, as provided in 16-11-113, knowing that:
(a) the package is marked as manufactured for use outside of the United States;
(b) any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States; or
(c) a stamp, label, or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.
(3) A package of cigarettes or tobacco product found in this state that is marked for use outside of the United States is contraband and may be seized without a warrant by the department, any agent of the department, or any peace officer. Any cigarettes or tobacco products seized as contraband must be destroyed by the department.
(4) (a) The department may proceed against a person who violates this section through a civil action under the civil enforcement provisions of Title 16, chapter 10, part 4.
(b) A violation of this section is criminally punishable by a fine in an amount not to exceed $10,000.
(5) For the purposes of this section, the term "cigarette" has the meaning defined in 16-11-102 and "tobacco product" has the meaning defined in 16-11-201.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 16, chapter 10, and the provisions of Title 16, chapter 10, apply to [section 1].
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Latest Version of SB 533 (SB0533.ENR)
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