2006 Code of Virginia § 18.2-246.14 - Counterfeit cigarettes

18.2-246.14. Counterfeit cigarettes.

A. It shall be unlawful to sell or possess counterfeit cigarettes.

B. Any person who knowingly violates subsection A with a total quantity ofless than two cartons of cigarettes shall be punished by a civil penalty ofno more than $1,000. Any person who knowingly violates subsection A shall,for a second or subsequent offense involving a total quantity of less thantwo cartons of cigarettes, be punished by a civil penalty of no more than$5,000 and, if applicable, the revocation by the Department of Taxation ofhis wholesale dealer license.

C. Any person who knowingly violates subsection A with a total quantity oftwo or more cartons of cigarettes shall be punished by a civil penalty of nomore than $2,000. Any person who knowingly violates subsection A shall, for asecond or subsequent offense involving a total quantity of two or morecartons of cigarettes, be punished by a civil penalty of no more than $50,000and, if applicable, the revocation by the Department of Taxation of hiswholesale dealer license.

For purposes of this section, counterfeit cigarettes shall include but not belimited to cigarettes that (i) have false manufacturing labels, (ii) are notmanufactured by the manufacturer indicated on the container, or (iii) haveaffixed to the container a false tax stamp.

(2003, c. 1010; 2004, c. 995.)