Download this document in MS Word format
BILL AS INTRODUCED 2007-2008

AutoFill Template

H.639

Introduced by   Representative Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Tobacco products; ban on mail order and Internet sales

Statement of purpose:  This bill proposes to ban mail order and Internet sales of tobacco and tobacco products.

AN ACT RELATING TO INTERNET AND MAIL ORDER SALES OF TOBACCO PRODUCTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  7 V.S.A. § 1010 is added to read: 

§ 1010.  INTERNET SALES

(a)  As used in this section:

(1)  “Cigarette” has the same definition as that found at 32 V.S.A

§ 7702(1).

(2)  “Distributor” has the same definition as that found at 32 V.S.A.

§ 7702(4).

(3)  “Licensed wholesale dealer” has the same definition as that found at 32 V.S.A § 7702(5).

(4)  “Little cigars” has the same definition as that found at 32 V.S.A

§ 7702(6).

(5)  “Retail dealer” has the same definition as that found at 32 V.S.A

§ 7702(10).

(6)  “Roll-your-own tobacco” has the same definition as that found at 32 V.S.A § 7702(11).

(7)  “Snuff” has the same definition as that found at 32 V.S.A

§ 7702(13).

(b)  This section applies to any person who imports or distributes for sale or sells to any person in the state cigarettes, roll-your-own tobacco, little cigars, and snuff.

(c)  A licensed wholesale dealer, distributor, or retail dealer may only sell or ship cigarettes, roll-your-own tobacco, little cigars, or snuff, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network, to another licensed wholesale dealer, distributor or retail dealer directly. 

(d)  A licensed wholesale dealer, distributer, or retail dealer may not cause cigarettes, roll-your-own tobacco, little cigars, or snuff, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network, to be shipped to anyone other than a licensed wholesale dealer, distributor, or retail dealer in this state.

(e)  A violation of this section shall be a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $5,000.00, or both.

(1)  In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a person has violated this section, the attorney general may impose a civil penalty in an amount not to exceed $5,000.00 for each violation.  For purposes of this subsection, each shipment or transport of cigarettes, roll-your-own tobacco, little cigars, or snuff shall constitute a separate violation.

(2)  The attorney general may seek an injunction to restrain a threatened or actual violation of this section.

(3)  In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.

(4)  A person who violates this section engages in an unfair and deceptive trade practice in violation of the state's Consumer Fraud Act,

9 V.S.A. §§ 2451 et seq.

(5)  If a court determines that a person has violated the provisions of this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the tobacco litigation settlement fund established pursuant to 32 V.S.A. § 435a,


to be used for tobacco use prevention, cessation, control, and related health care purposes.

(6)  Unless otherwise expressly provided, the penalties or remedies, or both, provided by this section are cumulative to each other and to the penalties or remedies, or both, available under all other laws of this state.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us