Connecticut General Statutes
Chapter 214 - Cigarette Taxes
Section 12-314. - Packaging for sale. Penalties.

(a)(1) The sale of cigarettes other than in an unopened package containing twenty or more cigarettes originating with the manufacturer that bears the health warning required by law is prohibited. Any cigarettes sold other than as specified under this subdivision shall be deemed contraband and shall be subject to confiscation.

(2) If the Commissioner of Revenue Services finds, after a hearing, that any person has violated the provisions of this subsection, said commissioner may assess such person a civil penalty of one hundred fifty dollars for a first offense, five hundred dollars for a second offense and one thousand dollars for a third or subsequent offense. Such penalty may be in addition to any other penalty provided by law, including, but not limited to, the suspension or revocation, if such person is a licensed dealer or distributor, of such license pursuant to section 12-295. Any person aggrieved by any action of said commissioner pursuant to this subsection may take an appeal of such action as provided in sections 12-311 and 12-312.
(b) The sale of cigarettes, the stamping of which is prohibited by subsection (b) of section 12-302 or subsection (b) of section 12-303, is prohibited.
(1949 Rev., S. 1995; P.A. 96-240, S. 4, 10; P.A. 99-109, S. 6, 8; P.A. 00-56; 00-170, S. 22, 42; June Sp. Sess. P.A. 01-6, S. 44, 85; P.A. 18-25, S. 5.)
History: P.A. 96-240 added provision prohibiting sale of cigarettes other than in certain packaging and deleted a provision allowing certain sample packages to be given away, effective June 6, 1996; P.A. 99-109 designated existing provisions as Subsec. (a) and added Subsec. (b) re cigarettes the stamping of which is prohibited by Sec. 12-302 or 12-303, effective July 1, 1999; P.A. 00-56, effective October 1, 2000, and P.A. 00-170, effective July 1, 2000, and applicable to sales occurring on or after that date, both amended Subsec. (a) to require all sales to be in unopened packages of twenty or more cigarettes; June Sp. Sess. P.A. 01-6 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and add new Subdiv. (2) re civil penalty for violation of subsection, effective July 1, 2001; P.A. 18-25 amended Subsec. (a) to add provision re cigarettes deemed to be contraband subject to confiscation and make a technical change in Subdiv. (1), change “dealer or distributor” to “person”, increase penalties from $50 to $150 for first offense from $250 to $500 for second offense and from $500 to $1000 for third or subsequent offense, and to add reference to person licensed as dealer or distributor, and make conforming changes in Subdiv. (2), effective July 1, 2018.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 12 - Taxation

Chapter 214 - Cigarette Taxes

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 12-286. - Dealers and distributors to be licensed. Regulations re licensing vending machines. Refusal to issue license. Penalties.

Section 12-286a. - Notice of restriction on sale of cigarettes and tobacco products. Investigation by Commissioner of Consumer Protection. Penalties.

Section 12-287. - Dealer's license.

Section 12-288. - Distributor's license.

Section 12-289. - Vending machines; inspection and approval; identification; sealing on violation. Revocation of license; hearing.

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 12-295. - Suspension or revocation of license. Civil penalty. Issuance of new license after revocation.

Section 12-295a. - Sale or delivery to minors. Online education program. Civil penalty. Suspension or revocation of license. Removal of vending machine.

Section 12-296. - Imposition of tax.

Section 12-296a. - Additional tax imposed in direct relationship to amount of any reduction in federal tax below a certain level.

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 12-306b. - Penalty for wilful failure to submit a required report or pay the tax, or for wilful delivery of a document known to be false.

Section 12-307. - Procedure on sale after confiscation.

Section 12-308. - Fraudulent stamps.

Section 12-309. - Taxpayers to keep records; commissioner may examine. Assessment of tax deficiency. Penalty and interest for failure to pay tax when due. Lien against real estate for state tax. Foreclosure procedure.

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 12-314b. - Penalty.

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 12-321. - Penalty.

Section 12-322 to 12-326. - Sale and in-state purchase below cost prohibited. “Cost” defined. Discrimination between sales to another distributor and sales to dealer. Bonus or combination with other articles for sale forbidden. Penalty.

Section 12-326a. - Definitions. Presumptions of costs of doing business.

Section 12-326b. - Sale or purchase of below cost cigarettes by dealers and distributors prohibited. Unfair trade practice.

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.

Section 12-326g. - Penalty.

Section 12-326h. - Civil actions.

Section 12-327 to 12-330. - Suspension or revocation of licenses. Hearing; appeal. Unfair Sales Practices Act not to apply. Allocation of funds for administration.