CHAPTER 112

FORMERLY

HOUSE BILL NO. 236

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TOBACCO PRODUCT TAX.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 5346a(3) of Title 30 of the Delaware Code by inserting after "of this subsection" the following: "including by the placement of a sticker on such package.".

Section 2. Further Amend § 5346(a) of Title 30 of the Delaware Code by renumbering the current subsection (4) as paragraph (5) and inserting after "5754" the following: "or 19 U.S.C. §§ 1681-1681b".

Section 3. Further Amend § 5346(a) of Title 30 of the Delaware Code by inserting as a new subsection (4) the following:

"(4) Any person with respect to the cigarettes in such package is not in compliance with 15 U.S.C.

§ 1335a (relating to the submission of ingredient information to federal authorities);".

Section 4. Further Amend § 5346(a) of Title 30 of the Delaware Code by renumbering the current subsection (5) as subsection (6).

Section 5. Amend § 5346(b) of Title 30 of the Delaware Code by deleting the phrase "or holds for sale" and replace as follows:

"acquires, holds, owns, or possesses for sale or distribution in this State".

Section 6. Amend § 5346(d) of Title 30 of the Delaware Code by deleting the word "may" and replacing thereto with "shall".

Section 7. Further Amend § 5346(d) of Title 30 of the Delaware Code by deleting "or sell to the manufacturer (only for export)".

Approved July 09, 2001