HOUSE BILL NO. 408
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 §5342(a), Title 30 of the Delaware Code by striking the word "No" as the first word of the subsection and substituting the following in lieu thereof:
"Except as authorized by this Chapter, no".
Section 2. Amend §5351(b), Title 30 of the Delaware Code by striking the subsection in its entirety and substituting a new subsection "(b)" in lieu thereof as follows:
"(b) The Department shall destroy any tobacco products forfeited under this section. The Department may, prior to the destruction of any tobacco products, permit the true holder of the trademark rights in the tobacco product brand to inspect such forfeited tobacco products in order to assist the Department in any investigation regarding such tobacco products.".
Approved July 02, 2010