59-1520 Prohibited acts. - Nebraska Statutes

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 section 7 of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1335a, as such section existed on May 1, 2001;(b) The permanent imprinting on the primary packaging of the precise package warning labels in the precise format specified in section 4 of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333, as such section existed on May 1, 2001;(c) The rotation of label statements pursuant to section 4(c) of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333(c), as such section existed on May 1, 2001;(d) The restrictions on the importation, transfer, and sale of previously exported tobacco products pursuant to section 9302 of Public Law 105-33, the Balanced Budget Act of 1997, as such section existed on May 1, 2001;(e) The requirements of Title IV of Public Law 106-476, the Imported Cigarette Compliance Act of 2000, as the act existed on May 1, 2001; and(f) 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 section 4 of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333, as such section existed on May 1, 2001;(3) Affix any tax 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. SourceLaws 2001, LB 358, § 2.