(1)  Except as provided in Subsection (3), a person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes:

(a)  in a package which:

(i)  bears a statement, label, stamp, sticker, or other notice that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including the following and similar notices:

(A)  “For Export Only”;

(B)  “U.S. Tax-Exempt”; and

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(C)  “For Use Outside the U.S.”; or

(ii)  does not comply with federal law, including 15 U.S.C. § 1333 of the Federal Cigarette Labeling and Advertising Act, regarding warning labels and other package information;

(b)  imported to the United States in violation of 26 U.S.C. § 5754;

(c)  the licensee knows or has reason to know were not manufactured for sale, distribution, or use in the United States;

(d)  for which a list of added ingredients has not been submitted to the federal Department of Health and Human Services pursuant to 15 U.S.C. § 1335a of the Federal Cigarette Labeling and Advertising Act; or

(e)  known by the licensee to be otherwise in violation of other related federal law.

(2)  A person licensed under Section 59-14-202 may not barter, sell, exchange, or offer for sale cigarettes of a tobacco product manufacturer that is prohibited from selling cigarettes to consumers within the state under Subsection 59-22-203(3)(c).

(3)  Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. § 1555(b) and any implementing regulations unless the cigarettes are brought back into the customs territory for resale within the customs territory.

Amended by Chapter 52, 2002 General Session