2006 Code of Virginia § 3.1-336.6 - Prohibition against stamping or sale or import of cigarettes not in the Directory

3.1-336.6. Prohibition against stamping or sale or import of cigarettes notin the Directory.

It shall be unlawful for any person (i) to affix a stamp to a package orother container of cigarettes of a tobacco product manufacturer or brandfamily not included in the Directory, or (ii) to sell, offer or possess forsale in the Commonwealth, ship or otherwise distribute into or within theCommonwealth, or import for personal consumption into the Commonwealth,cigarettes of a tobacco product manufacturer or brand family not included inthe Directory. For purposes of this article a person shall be deemed to havereceived notice that cigarettes of a tobacco product manufacturer or brandfamily are not included in the Directory at the time the Attorney General'swebsite fails to list any such cigarettes in the Directory or at the time anysuch cigarettes are removed from the Directory. A person purchasingcigarettes for resale shall not be in violation of this section (i) if at thetime of such purchase the manufacturer and brand families of the cigarettesare included in the Directory and the cigarettes are otherwise lawfullystamped and sold within 14 days of the date such manufacturer and brandfamilies were removed from the Directory or (ii) if, in the case of aretailer, the cigarettes are sold or delivered to consumers within 14 daysafter receipt of delivery of such cigarettes from a wholesaler, whichcigarettes otherwise have been lawfully purchased from the same wholesaler.Any manufacturer, wholesaler or retail dealer selling cigarettes for resaleof a manufacturer or brand family that has been removed from the Directoryshall notify the purchaser of such cigarettes of that fact at the time ofdelivery of such cigarettes. Unless otherwise provided by contract orpurchase agreement, a purchaser shall be entitled to a refund from themanufacturer, wholesaler or retail dealer from whom the cigarettes werepurchased of the purchase price of any cigarettes that are the product of amanufacturer or brand family removed from the Directory. The Commissionershall, by regulation or guidelines, provide for the refund of the purchaseprice of tax stamps that have been lawfully affixed to cigarettes that maynot be sold pursuant to the provisions of this section.

(2003, c. 798.)