2011 Code of Virginia
Title 59.1 TRADE AND COMMERCE.
Chapter 23.1 Reduced Cigarette Ignition Propensity (59.1-293.1 thru 59.1-293.9)
59.1-293.6 (For contingent expiration, see Editor's note) Nonconforming cigarettes.

59.1-293.6. (For contingent expiration, see Editor's note) Nonconforming cigarettes.

A. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by 59.1-293.2 shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarettes.

B. The Department and the State Fire Marshal, in the regular course of conducting inspections of retailers and wholesalers, may inspect cigarettes to determine if the cigarettes are marked as required by 59.1-293.4. If the cigarettes are not marked as required, the Department shall notify the Commissioner.

C. Whenever law-enforcement personnel, the State Fire Marshal or local fire marshal appointed under 27-30, or a duly authorized representative of the Commissioner shall discover any cigarettes that have not been marked in the manner required by 59.1-293.4, such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department and shall be forfeited to the Commonwealth. Cigarettes seized pursuant to this section shall be destroyed; however, prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.

(2008, cc. 96, 348.)