16-10-306. 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:

Terms Used In Montana Code 16-10-306

  • Cigarettes: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco. See Montana Code 16-10-103
  • Department: means the department of revenue provided for in 2-15-1301 and, when the meaning of the context requires, includes its employees. See Montana Code 16-10-103
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Manufacturer: means any person who fabricates cigarettes from raw materials for the purpose of resale. See Montana Code 16-10-103
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: means an individual, firm, association, company, partnership, corporation, or other business entity, however formed. See Montana Code 16-10-103
  • sell: means any transfer of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. See Montana Code 16-10-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(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, “cigarette” has the meaning defined in 16-11-102 and “tobacco product” means all products containing tobacco for human consumption or use except cigarettes.