Section 43.50.400. Sale or distribution of cigarettes; prohibitions.

A person may not
        (1) sell or distribute to consumers in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state cigarettes
             (A) the package of which
                  (i) bears a statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including labels stating, "for export only," "U.S. tax-exempt," "for use outside U.S.," or similar wording; or
                  (ii) does not comply with all requirements of federal law regarding health warnings and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States, including the warning labels required by 15 U.S.C. 1333 (Federal Cigarette Labeling and Advertising Act), and all federal trademark and copyright laws;
             (B) imported into the United States on or after January 1, 2000, in violation of 26 U.S.C. 5754; or
             (C) for which a list of the ingredients added to tobacco in the manufacture of those cigarettes has not been submitted to the Secretary of the United States Department of Health and Human Services as required under 15 U.S.C. 1335a (Federal Cigarette Labeling and Advertising Act);
        (2) alter a package of cigarettes before sale or distribution to the consumer so as to remove, conceal, or obscure
             (A) a statement, label, stamp, sticker, or notice described in (1)(A)(i) of this section; or
             (B) any health warning, including a health warning that is specified in 15 U.S.C. 1333 (Federal Cigarette Labeling and Advertising Act).

Authorities

43.50.420;43.50.430;43.50.450;43.50.600

Notes

References

AS 43.50.420 Enforcement.
AS 43.50.430 Applicability.
AS 43.50.450 Definitions.
AS 43.50.600 Stamps prohibited on cigarette packages not complying with federal and state laws.

History

(Sec. 1 ch 87 SLA 2000)