{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4207.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4207.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4207.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4207.html"}],"law_id":74369,"edition_id":1,"section_id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","history":"2003, c. 798, \u00a7 3.1-336.6; 2008, c. 860; 2011, c. 846.","full_text":"A\n\nIt shall be unlawful for any person (i) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the Directory, or (ii) to sell, offer or possess for sale in the Commonwealth, ship or otherwise distribute into or within the Commonwealth, or import for personal consumption into the Commonwealth, cigarettes of a tobacco product manufacturer or brand family not included in the Directory. For purposes of this article a person shall be deemed to have received notice that cigarettes of a tobacco product manufacturer or brand family are not included in the Directory at the time the Attorney General’s website fails to list any such cigarettes in the Directory or at the time any such cigarettes are removed from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section (a) if at the time of such purchase the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 45 days of the date such manufacturer and brand families were removed from the Directory or (b) if, in the case of a retailer, the cigarettes are sold or delivered to consumers within 45 days after receipt of delivery of such cigarettes from a wholesaler, which cigarettes otherwise have been lawfully purchased from the same wholesaler. A tobacco product manufacturer that is otherwise in compliance with the requirements of this chapter may, for reasons satisfactory to the Attorney General, request removal of itself, or cigarettes in a brand family that it manufactures or has manufactured, from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section if (1) at the time of such purchase, the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 60 days of the date such cigarettes were removed from the Directory or (2) in the case of a retailer, the cigarettes are sold or delivered to consumers within 60 days after receipt of delivery of such cigarettes from a wholesaler and the cigarettes have been lawfully purchased from the same wholesaler. The updates to the Directory required by subsection B of § 3.2-4206 shall contain a notation indicating such voluntary removal. For purposes of this subsection, “reasons satisfactory to the Attorney General” shall include cessation of the business operations of the tobacco products manufacturer and voluntary discontinuance of a product line or brand family.B\n\nAny manufacturer, wholesaler or retail dealer selling cigarettes for resale of a manufacturer or brand family that has been removed from the Directory shall notify the purchaser of such cigarettes of that fact at the time of delivery of such cigarettes. Unless otherwise provided by contract or purchase agreement, a purchaser shall receive a refund from such manufacturer, wholesaler or retail dealer from whom the cigarettes were purchased of the purchase price of any cigarettes that are the product of a manufacturer or brand family removed from the Directory. Any failure of such manufacturer, wholesaler or retail dealer to provide the purchaser with the refund required under this subsection shall (i) create a cause of action against such manufacturer, wholesaler or retail dealer in favor of the purchaser and (ii) subject such manufacturer, wholesaler or retail dealer to a civil penalty of $500 for each violation, which shall be assessed by the Commissioner and payable to the Literary Fund.C\n\nThe Commissioner shall, by regulation or guidelines, provide for the refund of the purchase price of tax stamps that have been lawfully affixed to cigarettes that may not be sold pursuant to the provisions of this section.","order_by":null,"text":{"0":{"id":267307,"text":"It shall be unlawful for any person (i) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the Directory, or (ii) to sell, offer or possess for sale in the Commonwealth, ship or otherwise distribute into or within the Commonwealth, or import for personal consumption into the Commonwealth, cigarettes of a tobacco product manufacturer or brand family not included in the Directory. For purposes of this article a person shall be deemed to have received notice that cigarettes of a tobacco product manufacturer or brand family are not included in the Directory at the time the Attorney General’s website fails to list any such cigarettes in the Directory or at the time any such cigarettes are removed from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section (a) if at the time of such purchase the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 45 days of the date such manufacturer and brand families were removed from the Directory or (b) if, in the case of a retailer, the cigarettes are sold or delivered to consumers within 45 days after receipt of delivery of such cigarettes from a wholesaler, which cigarettes otherwise have been lawfully purchased from the same wholesaler. A tobacco product manufacturer that is otherwise in compliance with the requirements of this chapter may, for reasons satisfactory to the Attorney General, request removal of itself, or cigarettes in a brand family that it manufactures or has manufactured, from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section if (1) at the time of such purchase, the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 60 days of the date such cigarettes were removed from the Directory or (2) in the case of a retailer, the cigarettes are sold or delivered to consumers within 60 days after receipt of delivery of such cigarettes from a wholesaler and the cigarettes have been lawfully purchased from the same wholesaler. The updates to the Directory required by subsection B of § 3.2-4206 shall contain a notation indicating such voluntary removal. For purposes of this subsection, “reasons satisfactory to the Attorney General” shall include cessation of the business operations of the tobacco products manufacturer and voluntary discontinuance of a product line or brand family.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267308,"text":"Any manufacturer, wholesaler or retail dealer selling cigarettes for resale of a manufacturer or brand family that has been removed from the Directory shall notify the purchaser of such cigarettes of that fact at the time of delivery of such cigarettes. Unless otherwise provided by contract or purchase agreement, a purchaser shall receive a refund from such manufacturer, wholesaler or retail dealer from whom the cigarettes were purchased of the purchase price of any cigarettes that are the product of a manufacturer or brand family removed from the Directory. Any failure of such manufacturer, wholesaler or retail dealer to provide the purchaser with the refund required under this subsection shall (i) create a cause of action against such manufacturer, wholesaler or retail dealer in favor of the purchaser and (ii) subject such manufacturer, wholesaler or retail dealer to a civil penalty of $500 for each violation, which shall be assessed by the Commissioner and payable to the Literary Fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267309,"text":"The Commissioner shall, by regulation or guidelines, provide for the refund of the purchase price of tax stamps that have been lawfully affixed to cigarettes that may not be sold pursuant to the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14890,"edition_id":1,"name":"Enforcement of Requirements for Tobacco Product Manufacturers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13950,"metadata":{},"date_created":"2026-06-26 03:50:36","date_modified":"2026-06-26 03:50:36","permalink":{"id":196277,"object_type":"structure","relational_id":14890,"identifier":"3","token":"3.2\/III\/42\/3","url":"\/3.2\/III\/42\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13950,"edition_id":1,"name":"Implementation of Tobacco Master Settlement Agreement","identifier":"42","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":196255,"object_type":"structure","relational_id":13950,"identifier":"42","token":"3.2\/III\/42","url":"\/3.2\/III\/42\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80628,"structure_id":14890,"section_number":"3.2-4204","catch_line":"Definitions","url":"\/3.2-4204\/","token":"3.2\/III\/42\/3\/3.2-4204","metadata":false},{"id":56853,"structure_id":14890,"section_number":"3.2-4205","catch_line":"Certifications","url":"\/3.2-4205\/","token":"3.2\/III\/42\/3\/3.2-4205","metadata":false},{"id":76149,"structure_id":14890,"section_number":"3.2-4206","catch_line":"Directory of cigarettes approved for stamping and sale","url":"\/3.2-4206\/","token":"3.2\/III\/42\/3\/3.2-4206","metadata":false},{"id":70883,"structure_id":14890,"section_number":"3.2-4206.01","catch_line":"List of persons ineligible to be authorized holders","url":"\/3.2-4206.01\/","token":"3.2\/III\/42\/3\/3.2-4206.01","metadata":false},{"id":84065,"structure_id":14890,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","url":"\/3.2-4206.1\/","token":"3.2\/III\/42\/3\/3.2-4206.1","metadata":false},{"id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","metadata":false},{"id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","metadata":false},{"id":80741,"structure_id":14890,"section_number":"3.2-4208.1","catch_line":"Joint and several 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Attorney General","url":"\/3.2-4216\/","token":"3.2\/III\/42\/3\/3.2-4216","metadata":false},{"id":68406,"structure_id":14890,"section_number":"3.2-4217","catch_line":"Disgorgement of profits for violations","url":"\/3.2-4217\/","token":"3.2\/III\/42\/3\/3.2-4217","metadata":false},{"id":82259,"structure_id":14890,"section_number":"3.2-4217.1","catch_line":"Presumption","url":"\/3.2-4217.1\/","token":"3.2\/III\/42\/3\/3.2-4217.1","metadata":false},{"id":61847,"structure_id":14890,"section_number":"3.2-4218","catch_line":"Conflicts","url":"\/3.2-4218\/","token":"3.2\/III\/42\/3\/3.2-4218","metadata":false},{"id":72681,"structure_id":14890,"section_number":"3.2-4219","catch_line":"Materially false statements","url":"\/3.2-4219\/","token":"3.2\/III\/42\/3\/3.2-4219","metadata":false}],"previous_section":{"id":84065,"structure_id":14890,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","url":"\/3.2-4206.1\/","token":"3.2\/III\/42\/3\/3.2-4206.1","metadata":false},"next_section":{"id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4207\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 798<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapter 860<\/a>; in 2011, chapter 846<\/a>.<\/p>","references":[{"id":73168,"section_number":"2.2-509.1","catch_line":"Powers of investigators; enforcement of certain tobacco laws","order_by":null,"url":"\/2.2-509.1\/"},{"id":83441,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","order_by":null,"url":"\/3.2-4212\/"},{"id":86288,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","order_by":null,"url":"\/4.1-105\/"},{"id":67790,"section_number":"4.1-624","catch_line":"Police power of members, agents, and employees of Board","order_by":null,"url":"\/4.1-624\/"}],"refers_to":[{"id":76149,"section_number":"3.2-4206","catch_line":"Directory of cigarettes approved for stamping and sale","order_by":null,"url":"\/3.2-4206\/"}],"permalink":{"id":196299,"object_type":"law","relational_id":74369,"identifier":"3.2-4207","token":"3.2\/III\/42\/3\/3.2-4207","url":"\/3.2-4207\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","dublin_core":{"Title":"Prohibition against stamping or sale or import of cigarettes not in the Directory","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4207","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person (i) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family<\/span> not included in the Directory, or (ii) to sell, offer or possess for sale in the Commonwealth, ship or otherwise distribute into or within the Commonwealth, or import for personal consumption into the Commonwealth, cigarettes of a tobacco product manufacturer or brand family<\/span> not included in the Directory. For purposes of this article a person shall be deemed to have received notice that cigarettes of a tobacco product manufacturer or brand family<\/span> are not included in the Directory at the time the Attorney General’s website fails to list any such cigarettes in the Directory or at the time any such cigarettes are removed from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section (a) if at the time of such purchase the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 45 days of the date such manufacturer and brand families were removed from the Directory or (b) if, in the case of a retailer, the cigarettes are sold or delivered to consumers within 45 days after receipt of delivery of such cigarettes from a wholesaler, which cigarettes otherwise have been lawfully purchased from the same wholesaler. A tobacco product manufacturer that is otherwise in compliance with the requirements of this chapter may, for reasons satisfactory to the Attorney General<\/span>, request removal of itself, or cigarettes in a brand family<\/span> that it manufactures or has manufactured, from the Directory. A person purchasing cigarettes for resale shall not be in violation of this section if (1) at the time of such purchase, the manufacturer and brand families of the cigarettes are included in the Directory and the cigarettes are otherwise lawfully stamped and sold within 60 days of the date such cigarettes were removed from the Directory or (2) in the case of a retailer, the cigarettes are sold or delivered to consumers within 60 days after receipt of delivery of such cigarettes from a wholesaler and the cigarettes have been lawfully purchased from the same wholesaler. The updates to the Directory required by subsection B of § 3.2-4206<\/a> shall contain a notation indicating such voluntary removal. For purposes of this subsection, “reasons satisfactory to the Attorney General<\/span>” shall include cessation of the business operations of the tobacco products manufacturer and voluntary discontinuance of a product line or brand family<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any manufacturer, wholesaler or retail dealer selling cigarettes for resale of a manufacturer or brand family<\/span> that has been removed from the Directory shall notify the purchaser of such cigarettes of that fact<\/span> at the time of delivery of such cigarettes. Unless otherwise provided by contract<\/span> or purchase agreement, a purchaser shall receive a refund from such manufacturer, wholesaler or retail dealer from whom the cigarettes were purchased of the purchase price of any cigarettes that are the product of a manufacturer or brand family<\/span> removed from the Directory. Any failure of such manufacturer, wholesaler or retail dealer to provide the purchaser with the refund required under this subsection shall (i) create a cause of action<\/span> against such manufacturer, wholesaler or retail dealer in favor of the purchaser and (ii) subject such manufacturer, wholesaler or retail dealer to a civil penalty<\/span> of $500 for each violation, which shall be assessed by the Commissioner<\/span> and payable to the Literary Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall, by regulation or guidelines, provide for the refund of the purchase price of tax stamps that have been lawfully affixed to cigarettes that may not be sold pursuant to the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION AGAINST STAMPING OR SALE OR IMPORT OF CIGARETTES NOT IN THE\nDIRECTORY (\u00a7 3.2-4207)\n\nA. It shall be unlawful for any person (i) to affix a stamp to a package or\nother container of cigarettes of a tobacco product manufacturer or brand family\nnot included in the Directory, or (ii) to sell, offer or possess for sale in the\nCommonwealth, ship or otherwise distribute into or within the Commonwealth, or\nimport for personal consumption into the Commonwealth, cigarettes of a tobacco\nproduct manufacturer or brand family not included in the Directory. For purposes\nof this article a person shall be deemed to have received notice that cigarettes\nof a tobacco product manufacturer or brand family are not included in the\nDirectory at the time the Attorney General’s website fails to list any\nsuch cigarettes in the Directory or at the time any such cigarettes are removed\nfrom the Directory. A person purchasing cigarettes for resale shall not be in\nviolation of this section (a) if at the time of such purchase the manufacturer\nand brand families of the cigarettes are included in the Directory and the\ncigarettes are otherwise lawfully stamped and sold within 45 days of the date\nsuch manufacturer and brand families were removed from the Directory or (b) if,\nin the case of a retailer, the cigarettes are sold or delivered to consumers\nwithin 45 days after receipt of delivery of such cigarettes from a wholesaler,\nwhich cigarettes otherwise have been lawfully purchased from the same\nwholesaler. A tobacco product manufacturer that is otherwise in compliance with\nthe requirements of this chapter may, for reasons satisfactory to the Attorney\nGeneral, request removal of itself, or cigarettes in a brand family that it\nmanufactures or has manufactured, from the Directory. A person purchasing\ncigarettes for resale shall not be in violation of this section if (1) at the\ntime of such purchase, the manufacturer and brand families of the cigarettes are\nincluded in the Directory and the cigarettes are otherwise lawfully stamped and\nsold within 60 days of the date such cigarettes were removed from the Directory\nor (2) in the case of a retailer, the cigarettes are sold or delivered to\nconsumers within 60 days after receipt of delivery of such cigarettes from a\nwholesaler and the cigarettes have been lawfully purchased from the same\nwholesaler. The updates to the Directory required by subsection B of §\n3.2-4206 shall contain a notation indicating such voluntary removal. For\npurposes of this subsection, “reasons satisfactory to the Attorney\nGeneral” shall include cessation of the business operations of the tobacco\nproducts manufacturer and voluntary discontinuance of a product line or brand\nfamily.\n\nB. Any manufacturer, wholesaler or retail dealer selling cigarettes for resale\nof a manufacturer or brand family that has been removed from the Directory shall\nnotify the purchaser of such cigarettes of that fact at the time of delivery of\nsuch cigarettes. Unless otherwise provided by contract or purchase agreement, a\npurchaser shall receive a refund from such manufacturer, wholesaler or retail\ndealer from whom the cigarettes were purchased of the purchase price of any\ncigarettes that are the product of a manufacturer or brand family removed from\nthe Directory. Any failure of such manufacturer, wholesaler or retail dealer to\nprovide the purchaser with the refund required under this subsection shall (i)\ncreate a cause of action against such manufacturer, wholesaler or retail dealer\nin favor of the purchaser and (ii) subject such manufacturer, wholesaler or\nretail dealer to a civil penalty of $500 for each violation, which shall be\nassessed by the Commissioner and payable to the Literary Fund.\n\nC. The Commissioner shall, by regulation or guidelines, provide for the refund\nof the purchase price of tax stamps that have been lawfully affixed to\ncigarettes that may not be sold pursuant to the provisions of this section.\n\nHISTORY: 2003, c. 798, \u00a7 3.1-336.6; 2008, c. 860; 2011, c. 846.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}