59-14-210. Prohibited sales of cigarettes.
(1) Except as provided in Subsection (3), a person licensed under Section 59-14-202 may
not barter, sell, exchange, or offer for sale cigarettes:
(a) in a package which:
(i) bears a statement, label, stamp, sticker, or other notice that the manufacturer did not
intend the cigarettes to be sold, distributed, or used in the United States, including the following
and similar notices:
(A) "For Export Only";
(B) "U.S. Tax-Exempt"; and
(C) "For Use Outside the U.S."; or
(ii) does not comply with federal law, including 15 U.S.C. 1333 of the Federal Cigarette
Labeling and Advertising Act, regarding warning labels and other package information;
(b) imported to the United States in violation of 26 U.S.C. 5754;
(c) the licensee knows or has reason to know were not manufactured for sale,
distribution, or use in the United States;
(d) for which a list of added ingredients has not been submitted to the federal Department
of Health and Human Services pursuant to 15 U.S.C. 1335a of the Federal Cigarette Labeling
and Advertising Act; or
(e) known by the licensee to be otherwise in violation of other related federal law.
(2) A person licensed under Section 59-14-202 may not barter, sell, exchange, or offer
for sale cigarettes of a tobacco product manufacturer that is prohibited from selling cigarettes to
consumers within the state under Subsection 59-22-203(3)(c).
(3) Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free
merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C.
1555(b) and any implementing regulations unless the cigarettes are brought back into the customs
territory for resale within the customs territory.
Amended by Chapter 52, 2002 General Session
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Last revised: Thursday, May 28, 2009