West Virginia Code of State Rules
Agency 175 - Alcohol Beverage Control Commission
Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes
Section 175-8-4 - Cigarettes Produced for Export B Prohibitions. Unstamped Tobacco Products

Universal Citation: 175 WV Code of State Rules 175-8-4

Current through Register Vol. XLI, No. 38, September 20, 2024

4.1. No person will sell or distribute tobacco in this State to consumers or acquire, hold, own, possess or transport, for sale or distribution in this State or to import or cause to be imported for sale or distribution in this State:

4.1.1. Any cigarettes that have a statement, label, stamp, sticker or notice that the manufacturer did not intend 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; or

4.1.2. Cigarettes that do not meet federal requirements regarding warnings on packages of cigarettes manufactured, packaged or imported for sale, distribution, or use in the United States including, but not limited to, the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333 and all federal trademark and copyright laws;

4.1.3. Cigarettes imported into the United States in violation of 26 U.S.C. 5754 or other federal laws or the implementing federal regulations;

4.1.4. Cigarettes that have not submitted the list of ingredients added to tobacco in the manufacture of cigarettes to the secretary of the United States department of health and human services as required by Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1355 a;

4.1.5. Cigarettes in packages that have been altered prior to sale to ultimate consumer by removing, concealing or obscuring:

4.1.5.a. Any statement, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States;

4.1.5.b. Any health warning not specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333.

4.2. No person shall affix any stamp required by the State Tax Department pursuant to W. Va. Code '11-17-1 et seq., to any package of cigarettes described in section 4.1 of this rule.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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