Page:United States Statutes at Large Volume 92 Part 2.djvu/1184

 92 STAT. 2464

PUBLIC LAW 95-575—NOV. 2, 1978

"(D) an officer, employee, or other agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State) having possession of such cigarettes in, connection with the performance of official duties; "(3) the term 'common or contract carrier' means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating author49 USC prec. 1 ity under the Interstate Commerce Act, or under equivalent note. operating authority from a regulatory agency of the United States or of any State; "(4) the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands; and "(5) the term 'Secretary' means the Secretary of the Treasury. 18 USC 2342. "§ 2342. Unlawful acts "(a) It shall be unlawful for any person knowingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes. "(b) I t shall be unlawful for any person knowingly to make any false statement or representation with respect to the information required by this chapter to be kept in the records of any person who '• ^ • ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction. 18 USC 2343. "(a) Any person who ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction shall maintain such information about the shipment, receipt, sale, and distribution of cigarettes as the Secretary may prescribe by rule or regulation. The Secretary may require such person to keep only— "(1) the name, address, destination (including street address), vehicle license number, driver's license number, signature of the person receiving such cigarettes, and the name of the purchaser; "(2) a declaration of the specific purpose of the receipt (personal use, resale, or delivery to another); and "(3) a declaration of the name and address of the recipient's principal in all cases when the recipient is acting as an agent. Such information shall be contained on business records kept in the normal course of business. Nothing contained herein shall authorize ^ iivic'jrii] % the Secretary to require reporting under this section. "(b) Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction, or pursuant to a duly issued search warrant, the Secretary may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises. 18 USC 2344. "§2344. Penalties "(a) Whoever knowingly violates section 2342(a) of this title shall be fined not more than $100,000 or imprisoned not more than five years, or both. "(b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section
 * § 2343. Recordkeeping and inspection

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