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TO AMEND SECTION 11-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLIANCE CERTIFICATION AND PENALTIES FOR PURPOSES OF TOBACCO QUALIFIED ESCROW FUND ENFORCEMENT, SO AS TO EXEMPT FROM THE CIVIL AND CRIMINAL PENALTIES OTHERWISE APPLICABLE TO THE SALE OF CIGARETTES IN THIS STATE OF A NONPARTICIPATING MANUFACTURER IF THE CIGARETTES AND APPLICABLE BRAND FAMILY OF THAT MANUFACTURER WERE INCLUDED ON THE ATTORNEY GENERAL'S DIRECTORY AT THE TIME THE DISTRIBUTOR OR RETAILER ACQUIRED THE CIGARETTES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 11-48-30(C) of the 1976 Code, as added by Act 61 of 2005, is amended by adding a new item at the end to read:
"(4) A violation of this subsection does not occur with respect to the sale in this State by a distributor or retailer of cigarettes of a nonparticipating manufacturer if at the time the distributor or retailer acquired the cigarettes, the nonparticipating manufacturer and the applicable brand family were included in the directory maintained by the attorney general pursuant to this chapter. An invoice date is dispositive for determining the date of acquisition for purposes of this item."
SECTION 2. This act takes effect upon approval by the Governor.
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