Effective: May 1, 2010
Latest Legislation: House Bill 500 - 127th General Assembly
(A) Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements specified in this chapter if the cigarette's packaging is or will be stamped for sale in another state or is packaged for sale outside of the United States, and that person or entity has taken reasonable steps to ensure that those cigarettes will not be sold or offered for sale to persons located in this state.
(B) The requirements of sections 3739.02 to 3739.10 of the Revised Code shall not prohibit a wholesale dealer or retail dealer of cigarettes from selling the dealer's inventory of cigarettes in existence on or after the effective date of this section if the dealer establishes both of the following:
(1) That the state tax stamps were affixed to the cigarettes prior to the effective date of this section;
(2) That the inventory that was purchased prior to the effective date of this section is comparable in quantity to the inventory purchased during the same period of the prior year.
(C) Nothing in this chapter shall be construed to prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this division, "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes
Section 3739.01 | Cigarette Ignition Propensity Standards Definitions.
Section 3739.02 | Cigarette Presale Testing Requirements.
Section 3739.03 | Laboratory Ignition Propensity Testing.
Section 3739.04 | Approval of Alternative Test Method.
Section 3739.05 | Manufacturer to Retain Copies of Test Reports.
Section 3739.06 | Mark of Compliance on Cigarette Package.
Section 3739.07 | Manufacturer's Certification of Compliance.
Section 3739.08 | Bands Indicating Lower Paper Permeability.
Section 3739.09 | Triannual Cigarette Recertification.
Section 3739.10 | Copy of Certification Provided to Dealers.
Section 3739.11 | Testing and Enforcement Powers of Fire Marshal.
Section 3739.12 | Exemption for Out-of-State Stamping or Packaging.
Section 3739.13 | Rules for Administration of Chapter.
Section 3739.14 | Evaluation of Chapter Effectiveness.
Section 3739.15 | Conflicting Local Laws Preempted.
Section 3739.16 | Preemption of Chapter by Federal Standards.
Section 3739.17 | Immunity for Acts in Compliance With Chapter.
Section 3739.18 | Manufacturer's Certification Fee - Enforcement and Prevention Funds.