Section 30. Every stamper shall purchase cigarette excise stamps from the commissioner and shall affix them, in the manner and within the time prescribed by the commissioner, to each package of cigarettes to be sold within the commonwealth in an aggregate denomination not less than the amount of the excise upon the contents thereof before such cigarettes are offered for sale or otherwise disposed of. The commissioner may by regulation provide for the cancellation of such stamps. Any person subsequently receiving such stamped packages of cigarettes shall not be liable for said excise. The commissioner shall furnish such stamps in such quantities as may be necessary, and he shall provide for the custody of the stamps, dies, plates and other materials and supplies used in the manufacture of said stamps in such manner as he deems expedient. The commissioner may, whenever he deems it advisable, provide for the issuance and exclusive use of stamps of a new design, and forbid the use of stamps of any other design. The commissioner shall make provisions for the sale of such stamps at such places and at such times as he may deem expedient.
The commissioner may appoint as stampers licensed manufacturers and such licensed wholesalers and licensed vending machine operators who bring or cause to be brought into the commonwealth unstamped cigarettes purchased directly from the manufacturers thereof, and such licensed unclassified acquirers as he deems necessary. Only a stamper shall affix stamps to be used in paying the said excise, unless the commissioner otherwise prescribes. A stamper may affix such stamps only on cigarettes which are sold by him in the regular course of the business in which he is engaged and for which he is licensed, and on cigarettes for such other licensees as the commissioner may in writing specifically authorize and in accordance with such conditions as the commissioner may impose.
Every such stamper shall affix stamps on each cigarette package no later than seventy-two hours after receipt of the cigarettes.
A stamper who has complied with this chapter and, to the extent applicable, section 3A of chapter 64H and chapter 94F, including the rules and regulations promulgated thereunder, may withhold and retain from each payment to be made by that stamper for such stamps as compensation for service rendered in compliance with this chapter and, to the extent applicable, said section 3A of said chapter 64H and said chapter 94F the following amounts: (1) for encrypted stamps purchased and not returned for an abatement, $12 per roll of 1,200 stamps; and (2) in each fiscal year, $600 per roll of 30,000 encrypted stamps for the first 50 rolls purchased and $200 per each additional roll of 30,000 encrypted stamps purchased; and (3) in the case of non-encrypted adhesive stamps purchased and not returned for an abatement, $1.85 for each 600 stamps purchased and a proportionate amount for any fraction thereof.
No such compensation shall be allowed on any sale of less than one hundred dollars. The commissioner, in his discretion, may, permit a stamper to pay for such stamps within thirty days after the date of purchase; provided, that the stamper furnishes a bond pursuant to section sixty-six of chapter sixty-two C.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 64c - Cigarette Excise
Section 2 - Vendors' Licenses; Display
Section 2a - Definitions Applicable to Secs. 2a to 2f
Section 2d - Marking to Indicate Compliance With Testing and Performance Standard Requirements
Section 2f - Fire Prevention and Public Safety Fund
Section 5 - Records and Statements Required of Vendors and Purchasers
Section 7c - Additional Payment of Excise; Credit to Health Protection Fund
Section 8 - Prosecution for Illegal Possession, Etc.
Section 10 - Regulation of Vending Machines; Penalties for Particular Offenses; Sales to Children
Section 11 - Records and Reports of Purchases and Sales; Investigation, Examination and Search
Section 12 - Selling Price; ''loss-Leaders'' Prohibited
Section 13 - Definitions of Cost and Sale Terms
Section 14 - Unfair Competition; Penalty
Section 15 - Application of Act to Unusual Sales
Section 16 - Fair Competition; Prices
Section 17 - Illegal Contracts
Section 18 - Fictitious Prices; Discounts
Section 19 - Invoice Cost of Goods Purchased at Forced Sales
Section 20 - Cost Survey as Evidence
Section 21 - Liability of Agents Aiding Violations
Section 27 - Severability Clause
Section 28 - Disposition of Sums Received
Section 29 - Payment of Tax Through Use of Adhesive Stamps
Section 30 - Stamper; Purchase and Use of Stamps; Appointment; Compensation; Payment for Stamps
Section 31 - Redemption of Unused or Mutilated Stamps, Etc.
Section 33a - Packages Containing Fewer Than 20 Cigarettes; Stamps; Penalties
Section 38 - Unauthorized Use of Excise Stamps; Penalty
Section 39 - Application of Secs. 29 to 39
Section 40 - Multi-Agency Illegal Tobacco Task Force; Powers and Duties; Meetings; Annual Report