(a) No tobacco product tax stamp may be affixed to or made upon any
package of cigarettes if:
(1) The package differs in any respect with the requirements of the
Federal Cigarette Labeling and Advertising Act 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 similar wording
indicating that the manufacturer did not intend that the product be sold
in the United States;
(3) The package, or a package containing individually stamped packages,
has been altered by adding or deleting the wording, labels or warnings
described in paragraph (a)(1) or (2) of this section, including by the
placement of a sticker on such package;
(4) Any person with respect to the cigarettes in such package is not
in compliance with 15 U.S.C. § 1335a (relating to the submission
of ingredient information to federal authorities);
(5) The package has been imported into the United States after January
1, 2000, in violation of 26 U.S.C. § 5754 or 19 U.S.C. §§
1681 through 1681b; or
(6) The package in any way violates federal trademark or copyright
laws or any law of this State.
(b) Any person who sells, acquires, holds, owns or possesses for sale
or distribution in this State a cigarette package to which is affixed
a tax stamp in violation of subsection (a) of this section shall be fined
not more than $1,000 or imprisoned for not more than 1 year, or both.
Each cigarette package sold or held for sale shall be a separate violation.
(c) Notwithstanding any other provision of law, the Secretary may
revoke any license issued under this chapter to any person who sell or
holds for sale a cigarette package to which is affixed a tobacco product
tax stamp in violation of subsection (a) of this section.
(d) Notwithstanding any other provision of law, the Secretary shall
seize and destroy packages that do not comply with subsection (a) of this section.
(e) Notwithstanding any other provision of law, a violation of subsection
(a) of this section is a deceptive practice under the Uniform Deceptive
Trade Practices Act (subchapter III of Chapter 25 of Title 6).