{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-214.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-214.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-214.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-214.html"}],"law_id":82264,"edition_id":1,"section_id":82264,"structure_id":15169,"section_number":"9.1-214","catch_line":"Nonconforming cigarettes","history":"2014, cc. 370, 418.","full_text":"A\n\nAny cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § 9.1-210 shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarettes.B\n\nThe Department and the State Fire Marshal, in the regular course of conducting inspections of retailers and wholesalers, may inspect cigarettes to determine if the cigarettes are marked as required by § 9.1-212. If the cigarettes are not marked as required, the Department shall notify the Director.C\n\nWhenever law-enforcement personnel, the State Fire Marshal or local fire marshal appointed under § 27-30, or a duly authorized representative of the Director discovers any cigarettes that have not been marked in the manner required by § 9.1-212, such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department and shall be forfeited to the Commonwealth. Cigarettes seized pursuant to this section shall be destroyed; however, prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.","order_by":null,"text":{"0":{"id":294807,"text":"Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § 9.1-210 shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarettes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294808,"text":"The Department and the State Fire Marshal, in the regular course of conducting inspections of retailers and wholesalers, may inspect cigarettes to determine if the cigarettes are marked as required by § 9.1-212. If the cigarettes are not marked as required, the Department shall notify the Director.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294809,"text":"Whenever law-enforcement personnel, the State Fire Marshal or local fire marshal appointed under § 27-30, or a duly authorized representative of the Director discovers any cigarettes that have not been marked in the manner required by § 9.1-212, such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department and shall be forfeited to the Commonwealth. Cigarettes seized pursuant to this section shall be destroyed; however, prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15169,"edition_id":1,"name":"Reduced Cigarette Ignition Propensity","identifier":"2.1","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":285271,"object_type":"structure","relational_id":15169,"identifier":"2.1","token":"9.1\/2.1","url":"\/9.1\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64906,"structure_id":15169,"section_number":"9.1-209","catch_line":"Definitions","url":"\/9.1-209\/","token":"9.1\/2.1\/9.1-209","metadata":false},{"id":67083,"structure_id":15169,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","url":"\/9.1-210\/","token":"9.1\/2.1\/9.1-210","metadata":false},{"id":86171,"structure_id":15169,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","url":"\/9.1-211\/","token":"9.1\/2.1\/9.1-211","metadata":false},{"id":72631,"structure_id":15169,"section_number":"9.1-212","catch_line":"Marking of cigarettes","url":"\/9.1-212\/","token":"9.1\/2.1\/9.1-212","metadata":false},{"id":69989,"structure_id":15169,"section_number":"9.1-213","catch_line":"Provision of copies of certifications and illustration of the packaging markings; inspections","url":"\/9.1-213\/","token":"9.1\/2.1\/9.1-213","metadata":false},{"id":82264,"structure_id":15169,"section_number":"9.1-214","catch_line":"Nonconforming cigarettes","url":"\/9.1-214\/","token":"9.1\/2.1\/9.1-214","metadata":false},{"id":62389,"structure_id":15169,"section_number":"9.1-215","catch_line":"Powers of Director; regulation and implementation","url":"\/9.1-215\/","token":"9.1\/2.1\/9.1-215","metadata":false},{"id":57775,"structure_id":15169,"section_number":"9.1-216","catch_line":"Enforcement; civil penalties","url":"\/9.1-216\/","token":"9.1\/2.1\/9.1-216","metadata":false},{"id":66730,"structure_id":15169,"section_number":"9.1-217","catch_line":"Application of chapter to certain cigarettes; conflicting local ordinances preempted","url":"\/9.1-217\/","token":"9.1\/2.1\/9.1-217","metadata":false}],"previous_section":{"id":69989,"structure_id":15169,"section_number":"9.1-213","catch_line":"Provision of copies of certifications and illustration of the packaging markings; inspections","url":"\/9.1-213\/","token":"9.1\/2.1\/9.1-213","metadata":false},"next_section":{"id":62389,"structure_id":15169,"section_number":"9.1-215","catch_line":"Powers of Director; regulation and implementation","url":"\/9.1-215\/","token":"9.1\/2.1\/9.1-215","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-214\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 370<\/a> and 418<\/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.<\/p>","references":false,"refers_to":[{"id":69739,"section_number":"27-30","catch_line":"Appointment of fire marshal","order_by":null,"url":"\/27-30\/"},{"id":67083,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","order_by":null,"url":"\/9.1-210\/"},{"id":72631,"section_number":"9.1-212","catch_line":"Marking of cigarettes","order_by":null,"url":"\/9.1-212\/"}],"permalink":{"id":285293,"object_type":"law","relational_id":82264,"identifier":"9.1-214","token":"9.1\/2.1\/9.1-214","url":"\/9.1-214\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-214\/","token":"9.1\/2.1\/9.1-214","dublin_core":{"Title":"Nonconforming cigarettes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-214","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § 9.1-210<\/a> shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarettes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> and the State Fire Marshal, in the regular course of conducting inspections of retailers<\/span> and wholesalers<\/span>, may inspect cigarettes to determine if the cigarettes are marked as required by § 9.1-212<\/a>. If the cigarettes are not marked as required, the Department<\/span> shall notify the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever law<\/span>-enforcement personnel, the State Fire Marshal or local fire marshal appointed under § 27-30<\/a>, or a duly authorized representative of the Director<\/span> discovers any cigarettes that have not been marked in the manner required by § 9.1-212<\/a>, such personnel are hereby authorized and empowered to seize and take possession<\/span> of such cigarettes. Such cigarettes shall be turned over to the Department<\/span> and shall be forfeited to the Commonwealth. Cigarettes seized pursuant to this section shall be destroyed; however, prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONCONFORMING CIGARETTES (\u00a7 9.1-214)\n\nA. Any cigarettes that have been sold or offered for sale that do not comply\nwith the performance standard required by § 9.1-210 shall be deemed\ncontraband and subject to forfeiture and disposal by the Commonwealth; however,\nprior to the destruction of any cigarettes forfeited pursuant to this\nsubsection, the true holder of the trademark rights in the cigarette brand shall\nbe permitted to inspect such cigarettes.\n\nB. The Department and the State Fire Marshal, in the regular course of\nconducting inspections of retailers and wholesalers, may inspect cigarettes to\ndetermine if the cigarettes are marked as required by § 9.1-212. If the\ncigarettes are not marked as required, the Department shall notify the Director.\n\nC. Whenever law-enforcement personnel, the State Fire Marshal or local fire\nmarshal appointed under § 27-30, or a duly authorized representative of the\nDirector discovers any cigarettes that have not been marked in the manner\nrequired by § 9.1-212, such personnel are hereby authorized and empowered\nto seize and take possession of such cigarettes. Such cigarettes shall be turned\nover to the Department and shall be forfeited to the Commonwealth. Cigarettes\nseized pursuant to this section shall be destroyed; however, prior to the\ndestruction of any cigarette seized pursuant to this subsection, the true holder\nof the trademark rights in the cigarette brand shall be permitted to inspect the\ncigarette.\n\nHISTORY: 2014, cc. 370, 418.","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}}