|BILL AS PASSED HOUSE AND SENATE||2007-2008|
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
(2) “Distributor” has the same definition as that found at 32 V.S.A.
(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
(5) “Retail dealer” has the same definition as that found at 32 V.S.A
(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
(b) No person shall 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.
(c) No person shall, with knowledge or reason to know of the violation, provide substantial assistance to a person in violation of this section.
(d) A violation of this section is punishable as follows:
(1) A knowing or intentional violation of this section shall be punishable by imprisonment for not more than five years or a fine of not more than $5,000.00, or both.
(2) 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.
(3) The attorney general may seek an injunction to restrain a threatened or actual violation of this section.
(4) In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, of expert witness fees, of the action, and reasonable attorney’s fees.
(5) 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.
(6) 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 general fund.
(7) Unless otherwise expressly provided, the penalties or remedies, or both, under this section are in addition to any other penalties and remedies available under any other law of this state.
The Vermont General Assembly
115 State Street