14-401.18. Sale of certain packages of cigarettes prohibited.
(a) Definitions. - The following definitions apply in this section:
(1) Cigarette. - Defined in G.S. 105-113.4.
(2) Package. - Defined in G.S. 105-113.4.
(b) Offenses. - A person who sells or holds for sale (other than for export to a foreign country) a package of cigarettes that meets one or more of the following descriptions commits a Class A1 misdemeanor and engages in an unfair trade practice prohibited by G.S. 75-1.1:
(1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331, for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States.
(2) The package is labeled "For Export Only," "U.S. Tax Exempt," "For Use Outside U.S.," or has similar wording indicating that the manufacturer did not intend that the product be sold in the United States.
(3) The package was altered by adding or deleting the wording, labels, or warnings described in subdivision (1) or (2) of this subsection.
(4) The package was imported into the United States after January 1, 2000, in violation of 26 U.S.C. 5754.
(5) The package violates federal trademark or copyright laws, federal laws governing the submission of ingredient information to federal authorities pursuant to 15 U.S.C. 1335a, federal laws governing the import of certain cigarettes pursuant to 19 U.S.C. 1681 and 19 U.S.C. 1681b, or any other provision of federal law or regulation.
(c) Contraband. - A package of cigarettes described in subsection (b) of this section is contraband and may be seized by a law enforcement officer. The procedure for seizure and disposition of this contraband is the same as the procedure under G.S. 105-113.31 and G.S. 105-113.32 for non-tax-paid cigarettes. (1999-333, s. 5; 2002-145, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 52 - Miscellaneous Police Regulations.
§ 14-381 - Desecration of State and United States flag.
§ 14-382 - Pollution of water on lands used for dairy purposes.
§ 14-383 - Cutting timber on town watershed without disposing of boughs and debris; misdemeanor.
§ 14-384 - Injuring notices and advertisements.
§ 14-385 - Defacing or destroying public notices and advertisements.
§ 14-391 - Usurious loans on household and kitchen furniture or assignment of wages.
§ 14-394 - Anonymous or threatening letters, mailing or transmitting.
§ 14-395 - Commercialization of American Legion emblem; wearing by nonmembers.
§ 14-395.1 - Sexual harassment.
§ 14-398 - Theft or destruction of property of public libraries, museums, etc.
§ 14-399.2 - Certain plastic yoke and ring type holding devices prohibited.
§ 14-400 - Tattooing; body piercing prohibited.
§ 14-401 - Putting poisonous foodstuffs, antifreeze, etc., in certain public places, prohibited.
§ 14-401.1 - Misdemeanor to tamper with examination questions.
§ 14-401.2 - Misdemeanor for detective to collect claims, accounts, etc.
§ 14-401.3 - Inscription on gravestone or monument charging commission of crime.
§ 14-401.6 - Unlawful to possess, etc., tear gas except for certain purposes.
§ 14-401.9 - Parking vehicle in private parking space without permission.
§ 14-401.11 - Distribution of certain food or beverage prohibited.
§ 14-401.12 - Soliciting charitable contributions by telephone.
§ 14-401.13 - Failure to give right to cancel in off-premises sales.
§ 14-401.14 - Ethnic intimidation; teaching any technique to be used for ethnic intimidation.
§ 14-401.15 - Telephone sales recovery services.
§ 14-401.16 - Contaminate food or drink to render one mentally incapacitated or physically helpless.
§ 14-401.17 - Unlawful removal or destruction of electronic dog collars.
§ 14-401.18 - Sale of certain packages of cigarettes prohibited.
§ 14-401.18A - Sale of certain e-liquid containers prohibited.
§ 14-401.19 - Filing false security agreements.
§ 14-401.20 - Defrauding drug and alcohol screening tests; penalty.
§ 14-401.21 - Practicing "rebirthing technique"; penalty.
§ 14-401.22 - Concealment of death; disturbing human remains; dismembering human remains.
§ 14-401.23 - Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
§ 14-401.24 - Unlawful possession and use of unmanned aircraft systems.
§ 14-401.25 - Unlawful distribution of images.
§ 14-401.26 - TNC driver failure to display license plate information.
§ 14-401.27 - Impersonation of a transportation network company driver.