Page:United States Statutes at Large Volume 92 Part 2.djvu/1183

 92 STAT. 2463

PUBLIC LAW 95-575—NOV. 2, 1978

Public Law 95-575 95th Congress An Act To amend title 18 of the United States Code to eliminate racketeering in the sale and distribution of cigarettes, and for other purposes.

Nov. 2, 1978 [S. 14871

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18, United Cigarettes. States Code, is amended by inserting after chapter 113 the following Sale and distribution new chapter: racketeering, elimination. "CHAPTER 114- -TRAFFICKING IN CONTRABAND CIGARETTES "Sec.



"2341. Definitions., "2342. Unlawful acts. "2343. Recordkeeping and inspection. "2344. Penalties. "2345. Effect on State law. "2346. Enforcement and regulations. "§2341. DeJSnitions 18 USC 2341. "As used in this chapter— " (1) the term 'cigarette' means— " (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and » "(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A); " (2) the term 'contraband cigarettes' means a quantity in excess of 60,000 cigarettes, which bear no evidence of the payment of applicable State cigarette taxes in the State where such cigarettes are found, if such State requires a stamp, impression, or other E indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes, and which are in the possession of any person other than— "(A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1954 as a manufacturer of 26 USC 5701 et tobacco products or as an export warehouse proprietor, or a seq. person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or an agent of such person; "(B) a common or contract carrier transporting the cigarettes involved under a proper bill of lading or freight bill which states the quantity, source, and destination of such cigarettes; "(C) a person— "(i) who is licensed or otherwise authorized by the State where the cigarettes are found to account for and pay cigarette taxes imposed by such State; and "(ii) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved; or

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