Okla. Stat. tit. 68, § 68-403.2
This is the official text of Okla. Stat. tit. 68, § 68-403.2, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Unlawful products – Prima facie evidence of violation
Official statutory text
A. It shall be unlawful for any person to sell, offer for sale
or import into this state any package or container of tobacco
products:
1. Which bears any label or notice prescribed by the United
States Department of Treasury to identify tobacco products intended
for export and exempt from tax by the United States pursuant to
Section 5704(b) of Title 26 of the United States Code or any notice
or label described in Section 290.185 of Title 27 of the United
States Code of Federal Regulations;
2. Which is not labeled in conformity with the provisions of
the Federal Cigarette Labeling and Advertising Act, or any other
federal requirement for the placement of labels, warnings or other
information applicable to packages or containers of tobacco products
intended for domestic consumption;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 235
3. Upon which all federal taxes due have not been paid or which
is not in compliance with all federal trademark and copyright laws;
or
4. The packaging of which has been modified or altered by a
person other than the manufacturer or person specifically authorized
by the manufacturer including, but not limited to, the placement of
a sticker or label to cover information on the package or container.
Possession of more than thirty (30) ounces of tobacco products
in violation of this subsection by a person other than an employee
of this state or the federal government performing official duties
relating to enforcement of the provisions of Section 400 et seq. of
this title shall constitute prima facie evidence of a violation of
the provisions of this subsection.
B. Except as otherwise provided by law, the Attorney General
shall enforce the provisions of this section.
or import into this state any package or container of tobacco
products:
1. Which bears any label or notice prescribed by the United
States Department of Treasury to identify tobacco products intended
for export and exempt from tax by the United States pursuant to
Section 5704(b) of Title 26 of the United States Code or any notice
or label described in Section 290.185 of Title 27 of the United
States Code of Federal Regulations;
2. Which is not labeled in conformity with the provisions of
the Federal Cigarette Labeling and Advertising Act, or any other
federal requirement for the placement of labels, warnings or other
information applicable to packages or containers of tobacco products
intended for domestic consumption;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 235
3. Upon which all federal taxes due have not been paid or which
is not in compliance with all federal trademark and copyright laws;
or
4. The packaging of which has been modified or altered by a
person other than the manufacturer or person specifically authorized
by the manufacturer including, but not limited to, the placement of
a sticker or label to cover information on the package or container.
Possession of more than thirty (30) ounces of tobacco products
in violation of this subsection by a person other than an employee
of this state or the federal government performing official duties
relating to enforcement of the provisions of Section 400 et seq. of
this title shall constitute prima facie evidence of a violation of
the provisions of this subsection.
B. Except as otherwise provided by law, the Attorney General
shall enforce the provisions of this section.
Status: in_force · Read it on the official government site
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