58.1-1033 - Prohibited acts.
§ 58.1-1033. Prohibited acts.
It shall be unlawful for any person to:
1. Sell or distribute in the Commonwealth, acquire, hold, own, possess, ortransport, for sale or distribution in the Commonwealth, or import, or causeto be imported, into the Commonwealth for sale or distribution in theCommonwealth (i) any cigarettes the package of which bears any statement,label, stamp, sticker, or notice indicating that the manufacturer did notintend the cigarettes to be sold, distributed, or used in the United States,including but not limited to labels stating "For Export Only," "U.S.Tax-Exempt," "For Use Outside U.S.," or similar wording; (ii) anycigarettes the package of which does not comply with (a) all requirementsimposed by or pursuant to federal law regarding warnings and otherinformation on packages of cigarettes manufactured, packaged, or imported forsale, distribution, or use in the United States, including but not limited tothe precise warning labels specified in the Federal Cigarette Labeling andAdvertising Act, 15 U.S.C. § 1333, or (b) all federal trademark and copyrightlaws; (iii) any cigarettes imported into the United States in violation of 26U.S.C. § 5754 or 19 U.S.C. § 1681-1681b, or any other federal law orregulations; (iv) any cigarettes that such person otherwise knows or hasreason to know the manufacturer did not intend to be sold, distributed, orused in the United States; or (v) any cigarettes for which there has not beensubmitted to the Secretary of the U.S. Department of Health and HumanServices the list or lists of the ingredients added to tobacco in themanufacture of such cigarettes required by the Federal Cigarette Labeling andAdvertising Act, 15 U.S.C. § 1335a;
2. Alter the package of any cigarettes, prior to sale or distribution to theultimate consumer, so as to remove, conceal or obscure (i) any statement,label, stamp, sticker, or notice described in clause (i) of subdivision 1 or(ii) any health warning that is not specified in, or does not conform withthe requirements of, the Federal Cigarette Labeling and Advertising Act, 15U.S.C. § 1333; or
3. Affix any stamp required pursuant to Chapter 10 (§ 58.1-1000 et seq.) ofthis title to the package of any cigarettes described in subdivision 1 ofthis section or altered in violation of subdivision 2 of this section.
(2000, cc. 880, 901; 2002, c. 821.)