Montana Code 16-11-131. Transporting tobacco products without compliance a misdemeanor — invoices and delivery tickets required — stop and inspection authorized
16-11-131. Transporting tobacco products without compliance a misdemeanor — invoices and delivery tickets required — stop and inspection authorized. (1) It is unlawful for a person to transport into, receive, carry, or move from place to place within this state, except in the course of interstate commerce, any tobacco products that do not comply with the requirements of this chapter.
Terms Used In Montana Code 16-11-131
- Contraband: means :
(i)any tobacco product possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of this part;
(ii)any cigarette or roll-your-own tobacco that is possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of part 4 or 5;
(iii)any cigarettes that bear trademarks that are counterfeit under state or federal trademark laws;
(iv)any cigarettes bearing false or counterfeit insignia or tax stamps from any state; or
(v)any cigarettes or tobacco products that violate 16-10-306. See Montana Code 16-11-102
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
- Directory: means the tobacco product directory as provided in 16-11-504. See Montana Code 16-11-102
- Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
- Roll-your-own tobacco: means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. See Montana Code 16-11-102
- 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
- Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
(2)(a) When transporting unstamped cigarettes or roll-your-own tobacco, a person shall possess invoices or delivery tickets for the cigarettes or roll-your-own tobacco that show the name and address of the consignor or seller, the name of the consignee or purchaser, and the quantity and brands of the cigarettes or roll-your-own tobacco being transported.
(b)The cigarettes or roll-your-own tobacco transported are contraband and are subject to seizure, forfeiture, destruction, and sale as provided in 16-11-141, 16-11-147, 16-11-158, 16-11-159, 16-11-509, and this section if:
(i)there are no invoices or delivery tickets;
(ii)the name or address of the consignee or purchaser is falsified;
(iii)the consignee or purchaser is not authorized to possess unstamped cigarettes or roll-your-own tobacco; or
(iv)the cigarettes or roll-your-own tobacco are intended for sale in this state and are not on the directory.
(3)Transportation of cigarettes or roll-your-own tobacco from a point outside the state to a point in another state is not a violation of this section if the person transporting the unstamped cigarettes or cigarettes or roll-your-own tobacco that is not on the directory possesses adequate invoices or delivery tickets that give the name and address of the out-of-state consignor or seller and the out-of-state consignee or purchaser.
(4)If the department, its authorized agent, the department of justice, or a peace officer of the state has knowledge or reasonable grounds to believe that a vehicle is transporting tobacco products in violation of this chapter, the department, its agent, the department of justice, or a peace officer may stop and inspect the vehicle.
(5)When a person engaged in the business of selling tobacco products ships or causes to be shipped any tobacco products to any person in this state that are not in the tobacco product manufacturer‘s original container or wrapping, the container or wrapping must be plainly and visibly marked with the words “tobacco products”.
(6)A person violating the provisions of this section is guilty of a misdemeanor and is subject to the penalties in 16-11-148.