[§132C-8]  Existing inventories; consumer testing.  The requirement that cigarettes sold in Hawaii must be in compliance with this chapter shall not prohibit:

     (1)  Wholesalers or dealers from selling existing cigarette inventories on or after September 30, 2009; provided that the wholesaler or dealer can establish both of the following to the satisfaction of the state fire council:

          (A)  The Hawaii tax stamps were affixed to the cigarettes pursuant to chapter 245 prior to September 30, 2009; and

          (B)  The inventory was purchased prior to September 30, 2009, and the purchased inventory is comparable to the amount of inventory purchased during the same period the previous year; or

     (2)  The sale of cigarettes solely for the purpose of consumer testing.  For the purposes of this paragraph, the term "consumer testing" means an assessment of cigarettes that is conducted by or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of cigarettes, using only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing. [L 2008, c 218, pt of §1]


Revision Note


  "September 30, 2009" substituted for "the effective date of this Act".