A person operating or maintaining a cigarette-making machine who is a tobacco product manufacturer under Public Law 112-141 [126 Stat. 914; 26 U.S.C. § 5702 et seq.] shall:

Terms Used In North Dakota Code 57-36-06.1

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

1.    Maintain on the machine, in good working order, a tamper-proof counting device that records the number of all rolls or tubes processed on the machine.

2.    Provide the tax commissioner access to the machine and its counting device at all reasonable times for verification and other tax administration purposes.

3.    Pay any taxes required under chapter 57-36.

4.    Comply with the provisions of chapter 51-25 pertaining to all cigarettes produced by the machine.

5.    Comply with the ignition propensity requirements under chapter 18-13 with respect to all cigarettes produced by the machine.

6.    Use only federal tax-paid roll-your-own tobacco or tobacco exempt from federal tax under 26 U.S.C. § 5704(b).