TITLE 39

HEALTH AND SAFETY

CHAPTER 84

TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT

39-8423.  REQUIREMENTS FOR CERTIFICATION.  (1)  Before a cigarette rolling machine operator may be certified by the attorney general, the operator shall certify, under penalty of perjury, that:

(a)  All tobacco to be used in the operator’s cigarette rolling machine, regardless of the tobacco’s label or description thereof, will only be of a brand family and of a tobacco product manufacturer listed on the directory maintained by the attorney general pursuant to section 39-8403, Idaho Code, of the Idaho tobacco master settlement agreement complementary act;

(b)  All applicable state tobacco taxes have been paid, as required by the cigarette and tobacco products tax act, chapter 25, title 63, Idaho Code, for the tobacco to be used in the operator’s cigarette rolling machine;

(c)  The operator has obtained, and has a current permit issued, pursuant to section 39-5704, Idaho Code;

(d)  All cigarette tubes used in the operator’s cigarette rolling machine shall be constructed of paper of a type determined by the attorney general, pursuant to regulations to be promulgated by the attorney general, to reduce the likely ignition propensity of cigarettes to be made with such tubes;

(e)  (i)   At any location where the operator has a cigarette rolling machine, seventy-five percent (75%) of the revenues of the operator’s total merchandise sales at that location are comprised of tobacco products; or

(ii)  The location where the cigarette rolling machine is situated prohibits minors from entering the premises;

(f)  The operator will not sell cigarettes or make a cigarette rolling machine available for use, in any quantity less than twenty (20) cigarettes per transaction, except for samples prepared in connection with the purchase or prospective purchase of tobacco and consumed or destroyed at the premises where the cigarette rolling machine is located; and

(g)  The operator will not accept or allow its cigarette rolling machine to be used to manufacture cigarettes with tobacco that was not first purchased or obtained from the operator and for which the operator will timely and properly report to the attorney general as set forth in subsection (2) of this section.

(2)  After being certified, the cigarette rolling machine operator shall annually certify, under penalty of perjury, to the provisions set forth in subsection (1) of this section. Additionally, the operator shall quarterly report to the attorney general on a form prescribed by the attorney general:

(a)  The number of cigarettes that the operator’s cigarette rolling machine manufactured during that quarter;

(b)  The brand families, the tobacco product manufacturer of each brand family, and the ounces of tobacco of each such brand family that were used in the operator’s cigarette rolling machine to manufacture cigarettes during the quarter; and

(c)  The person or persons from whom the operator purchased or obtained the tobacco that the operator’s machine used to manufacture cigarettes.

(3)  The cigarette rolling machine operator’s annual certification shall be due to the attorney general no later than the thirtieth day of April each year.

(4)  All tobacco certified under subsection (1)(a) of this section shall be deemed to be "roll-your-own" tobacco for purposes of section 39-7802(d), Idaho Code, of the Idaho tobacco master settlement agreement act.

(5)  A cigarette rolling machine operator shall not be required to comply with the provisions of subsection (1)(d) of this section until the attorney general has promulgated rules implementing this subsection, pursuant to section 39-8425, Idaho Code, and the effective date provided for such rules has passed.

History:

[39-8423, added 2012, ch. 206, sec. 4, p. 549; am. 2020, ch. 318, sec. 19, p. 915.]