§ 59-1520 — Prohibited acts

It is unlawful for any person to:
(1) Sell or distribute in this state, acquire, hold, own,
possess, or transport for sale or distribution in this state, or import or
cause to be imported into this state for sale or distribution in this state,
any cigarettes that do not comply with all requirements imposed by or pursuant
to federal law and regulations, including, but not limited to:
(a) The filing of ingredients lists pursuant to the Federal Cigarette
Labeling and Advertising Act, 15 U.S.C. 1335a, as such section existed on January 1, 2011;
(b) The permanent imprinting on the primary packaging of the
precise package warning labels in the precise format specified in the Federal Cigarette
Labeling and Advertising Act, 15 U.S.C. 1333, as such section existed on January 1, 2011;
(c) The rotation of label statements pursuant to the Federal
Cigarette Labeling and Advertising Act, 15 U.S.C. 1333(c), as such section
existed on January 1, 2011;
(d) The restrictions on the importation, transfer, and sale
of previously exported tobacco products pursuant to 19 U.S.C. 1681 et seq. and Chapter 52
of the Internal Revenue Code, 26 U.S.C. 5701 et seq., as such sections existed
on January 1, 2011; and
(e) The federal trademark and copyright laws;
(2) Alter a package of cigarettes, prior to sale or distribution
to the ultimate consumer, so as to remove, conceal, or obscure:
(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, including, but not limited to, labels stating
"For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording;
or
(b) Any health warning that is not the precise package warning
statement in the precise format specified in the Federal Cigarette Labeling
and Advertising Act, 15 U.S.C. 1333, as such section existed on January 1, 2011;
(3) Affix any stamps
or meter impression required pursuant to sections 77-2601 to 77-2615 to the
package of any cigarettes that does not comply with the requirements of subdivision
(1) of this section or that is altered in violation of subdivision (2) of
this section; and
(4) Import or reimport into the United States for sale or
distribution under any trade name, trade dress, or trademark that is the same
as, or is confusingly similar to, any trade name, trade dress, or trademark
used for cigarettes manufactured in the United States for sale or distribution
in the United States.

Legislative History

Source: Laws 2001, LB 358, § 2; Laws 2011, LB590, § 1.