59.1-293.6 - (For contingent expiration, see Editor's note) Nonconforming cigarettes. - Virginia Statutes

§ 59.1-293.6. (For contingent expiration, see Editor's note) Nonconformingcigarettes.

A. Any cigarettes that have been sold or offered for sale that do not complywith the performance standard required by § 59.1-293.2 shall be deemedcontraband and subject to forfeiture and disposal by the Commonwealth;however, prior to the destruction of any cigarettes forfeited pursuant tothis subsection, the true holder of the trademark rights in the cigarettebrand shall be permitted to inspect such cigarettes.

B. The Department and the State Fire Marshal, in the regular course ofconducting inspections of retailers and wholesalers, may inspect cigarettesto determine if the cigarettes are marked as required by § 59.1-293.4. If thecigarettes are not marked as required, the Department shall notify theCommissioner.

C. Whenever law-enforcement personnel, the State Fire Marshal or local firemarshal appointed under § 27-30, or a duly authorized representative of theCommissioner shall discover any cigarettes that have not been marked in themanner required by § 59.1-293.4, such personnel are hereby authorized andempowered to seize and take possession of such cigarettes. Such cigarettesshall be turned over to the Department and shall be forfeited to theCommonwealth. Cigarettes seized pursuant to this section shall be destroyed;however, prior to the destruction of any cigarette seized pursuant to thissubsection, the true holder of the trademark rights in the cigarette brandshall be permitted to inspect the cigarette.

(2008, cc. 96, 348.)