(a) Except as otherwise provided in subsection (b) of this section, each distributor shall affix, or cause to be affixed, at the location for which such distributor's license is issued, in such manner as the commissioner may specify in regulations issued pursuant to this chapter, to each individual package of cigarettes sold or distributed by the distributor, stamps of the proper denomination, as required by section 12-296. Such stamps may be affixed by a distributor at any time before the cigarettes are transferred out of the distributor's possession.
(b) No distributor shall affix, or cause to be affixed, to a package of cigarettes sold or distributed by such distributor, stamps, if the package (1) is not labeled in conformity with the requirements of the federal Cigarette Labeling and Advertising Act, 79 Stat. 282, 15 USC 1331 et seq., or any other federal requirement for the placement of labels, warnings and other information, applicable to packages of cigarettes that are intended to be sold within the United States; (2) bears any label or notice prescribed by the United States Department of Treasury to identify cigarettes intended for export and exempt from tax by the United States pursuant to 26 USC 5704(b), including “For export only”, “U.S. Tax-exempt”, “For use outside U.S.” or similar wording indicating that the manufacturer did not intend that the product be sold within the United States, including any notice or label described in 27 CFR 290.185; (3) has been imported into the United States after January 1, 2000, in violation of 26 USC 5754 or regulations adopted thereunder; (4) in any way violates federal trademark or copyright law or if all federal taxes due have not been paid on the cigarettes; (5) has been modified or altered by a person other than the manufacturer or person specifically authorized by the manufacturer, including modification or alteration by the placement of a sticker or label to cover information, including the wording, labels or warnings described in subdivision (1) or (2) of this subsection, on the package; (6) is of a brand family or of a tobacco product manufacturer not included in the Connecticut Tobacco Directory maintained by the Commissioner of Revenue Services pursuant to section 4-28m; or (7) is of cigarettes not included in the Connecticut Fire Safe Cigarette Directory maintained by the State Fire Marshal pursuant to section 29-420.
(1949 Rev., S. 1984; P.A. 99-109, S. 1, 8; May 9 Sp. Sess. P.A. 02-7, S. 102; P.A. 07-180, S. 7.)
History: P.A. 99-109 designated existing provisions as Subsec. (a), making technical changes therein, and added Subsec. (b) to prohibit stamping of cigarettes produced and labeled for export only, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to disallow stamping of cigarette packages sold by manufacturers who are in violation of the escrow fund requirements of the interstate tobacco settlement and to authorize the publication of the names of such violators; P.A. 07-180 amended Subsec. (b) to delete former Subdiv. (6) re violation of Sec. 4-28i(a)(2) or 4-28j and add new Subdivs. (6) re brand family or manufacturer not included in Connecticut Tobacco Directory and (7) re cigarettes not included in Connecticut Fire Safe Cigarette Directory, effective July 1, 2008.
Structure Connecticut General Statutes
Section 12-285. - Definitions.
Section 12-285a. - Definitions for purposes of sections 12-286a, 12-295a and 12-314a.
Section 12-285b. - Licensure of cigarette manufacturers. Fees.
Section 12-285c. - Restrictions on shipping or transporting cigarettes. Penalties.
Section 12-285d. - Cigarette rolling machines. Licensure requirements.
Section 12-287. - Dealer's license.
Section 12-288. - Distributor's license.
Section 12-289a. - Vending machines: Placement restrictions. Penalties.
Section 12-290. - Price signs on vending machines.
Section 12-291. - Vending machine dealer's license.
Section 12-291a. - Penalty for failure to secure or renew license.
Section 12-292. - Advertising sale of untaxed cigarettes.
Section 12-293. - Notice to Tax Commissioner of number of vending machines.
Section 12-293a. - Reporting requirements. Registration fee for vending machines. List of customers.
Section 12-294. - Transfer of license. Successor tax liability.
Section 12-296. - Imposition of tax.
Section 12-297. - Exemptions from tax.
Section 12-298. - Commissioner to supply stamps or decals.
Section 12-299. - Metering machine.
Section 12-300. - Resale of stamps restricted. Redemption.
Section 12-301. - Nonresidents may be authorized to affix stamps.
Section 12-302. - Distributors to affix stamps.
Section 12-303. - Dealers to affix stamps.
Section 12-304. - Sale of unstamped cigarettes prohibited. Penalty.
Section 12-305. - Unstamped cigarettes, vehicles in which transported, subject to confiscation.
Section 12-306. - Invoices or delivery tickets required in transportation of unstamped cigarettes.
Section 12-306a. - Cigarette transporter to hold invoices or delivery tickets.
Section 12-307. - Procedure on sale after confiscation.
Section 12-308. - Fraudulent stamps.
Section 12-309a. - Reports from carriers, warehousemen, bailees. Examination of records.
Section 12-310. - Oaths and subpoenas.
Section 12-311. - Hearings by commissioner.
Section 12-312. - Appeals from decisions of commissioner.
Section 12-313. - Administration. Regulations. Waiver of filing of reports.
Section 12-314. - Packaging for sale. Penalties.
Section 12-314a. - Certain promotional samples authorized.
Section 12-315. - Sale of unstamped cigarettes from one licensed distributor to another.
Section 12-315a. - Report on enforcement efforts.
Section 12-316. - Imposition of tax.
Section 12-317. - Return to be filed.
Section 12-318. - Seizure for nonpayment of tax.
Section 12-319. - Imported cigarettes on which tax has been paid.
Section 12-320. - Two hundred or fewer cigarettes not taxable.
Section 12-326a. - Definitions. Presumptions of costs of doing business.
Section 12-326c. - Sales between distributors.
Section 12-326d. - Certain sales below cost permitted.
Section 12-326e. - Bonus or combination with other articles for sale forbidden.
Section 12-326f. - Exemptions.