71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. SB 423
 
LC 1235-1/SB 423-A6
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 423
 
                    By COMMITTEE ON JUDICIARY
 
                             May 14
 
  On page 1 of the printed A-engrossed bill, before ' amending'
insert 'creating new provisions;'.
  On page 2, after line 14, insert:
  '  { +  SECTION 2. + }  { + Section 3 of this 2001 Act is added
to and made a part of ORS 323.005 to 323.455. + }
  '  { +  SECTION 3. + }  { + (1) A person commits the crime of
unlawful distribution of cigarettes if the person knowingly sells
or distributes, possesses or transports for sale or distribution
or imports for sale or distribution cigarettes that do not comply
with ORS 323.005 to 323.455 or 323.850 to 323.862, the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.)
or section 5754 of the Internal Revenue Code.
  ' (2) Unlawful distribution of cigarettes is a Class A
misdemeanor.
  ' (3) Cigarettes sold, distributed, possessed, transported or
imported in violation of subsection (1) of this section are
contraband and subject to destruction under ORS 133.623.
  ' (4) A person who manufactures, distributes or sells
cigarettes and who sustains a direct economic or commercial
injury as a result of a violation of subsection (1) of this
section may bring an action for appropriate injunctive relief.
  ' (5) The penalties set forth in this section are in addition
to and not in lieu of any other applicable penalties or
sanctions. + } ' .
  In line 15, delete '2' and insert '4'.
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