                                 CODE OF VIRGINIA

NONCONFORMING CIGARETTES (§ 9.1-214)

A. Any cigarettes that have been sold or offered for sale that do not comply
with the performance standard required by &#xA7; 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. 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 &#xA7; 9.1-212. If the
cigarettes are not marked as required, the Department shall notify the Director.

C. Whenever law-enforcement personnel, the State Fire Marshal or local fire
marshal appointed under &#xA7; 27-30, or a duly authorized representative of the
Director discovers any cigarettes that have not been marked in the manner
required by &#xA7; 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.

HISTORY: 2014, cc. 370, 418.