Attorney General

ORS 180.440
Prohibited conduct

  • penalty


(1)

A person may not:

(a)

Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425 (Attorney General’s directory);

(b)

Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory); or

(c)

Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory) and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction.

(2)

A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor.

(3)

A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 §11; 2009 c.70 §1; 2019 c.240 §3]
Note: See note under 180.400 (Legislative findings).

Notes of Decisions

Prohibition against selling, offering to sell or possessing cigarettes from manufacturers not included in directory applies regardless of whether cigarettes have Oregon tax stamp. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

Sales that occur in this state include sales of cigarettes from out-of-state sellers to in-state purchasers. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

Chapter 180

Notes of Decisions

State Accident Insurance Fund Corporation is subject to the provisions of this chapter relating to legal representation. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff'd 294 Or 570, 660 P2d 1061 (1983)

Atty. Gen. Opinions

Legal business of Oregon Medical Insurance Pool is not part of state's legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state officer or agency, (1989) Vol 46, p 155


Source

Last accessed
Jun. 26, 2021