ORS 180.440
Prohibited conduct

  • penalty

(1)

A person may not:

(a)

Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425 (Attorney General’s directory);

(b)

Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory); or

(c)

Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory) and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction.

(2)

A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor.

(3)

A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 §11; 2009 c.70 §1; 2019 c.240 §3]
Note: See note under 180.400 (Legislative findings).

Source: Section 180.440 — Prohibited conduct; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors180.­html.

Notes of Decisions

Prohibition against selling, offering to sell or possessing cigarettes from manufacturers not included in directory applies regardless of whether cigarettes have Oregon tax stamp. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

Sales that occur in this state include sales of cigarettes from out-of-state sellers to in-state purchasers. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

180.010
Office of Attorney General
180.020
Election
180.030
Filing certificate of election or appointment
180.040
Governor to fill vacancy by appointment
180.050
Location of office
180.060
Powers and duties of Attorney General
180.070
Power of Attorney General to conduct investigations and prosecutions
180.073
Subpoena authority in criminal investigation
180.075
Disclosure of information obtained under subpoena
180.080
Attorney General to manage criminal proceedings in court or before grand jury at request of Governor
180.090
Investigations and special prosecutions
180.095
Department of Justice Protection and Education Revolving Account
180.096
Use of Countrywide Financial Corporation settlement proceeds
180.100
Legislative bills
180.110
Keeping copies of opinions and records of cases
180.120
Defending in criminal proceedings for Oregon State Police or member thereof
180.125
Intergovernmental road maintenance agreements
180.130
Deputy Attorney General
180.140
Other assistants
180.150
Clerks
180.160
Charges for services to public agencies
180.170
Billing for services to public agencies
180.180
Department of Justice Operating Account
180.190
Department of Justice Current Expense Account
180.200
Department of Justice Client Trust Account
180.205
Tobacco Enforcement Fund
180.210
Department of Justice
180.220
Powers and duties
180.225
Attorney General representing public bodies in antitrust proceedings
180.230
Compensation not allowed state departments for attorney services
180.235
Authority of agency to employ counsel
180.240
Attorney General and Department of Justice to have powers and prerogatives of district attorneys
180.260
Service of process by department employees
180.265
Authority of department to delegate certain duties to employees of Department of Revenue
180.267
Authority of Department of Justice to require fingerprints
180.269
Biennial litigation reports to Legislative Assembly
180.320
Cooperation with division in enforcement
180.330
District attorneys not relieved from duties relating to enforcement of support laws
180.340
Division of Child Support established
180.345
Child Support Program
180.350
Investigators to have authority of peace officers
180.360
Division exempt from payment of certain court fees
180.365
Child Support Suspense Fund
180.380
Disclosure of information to authorized persons
180.400
Legislative findings
180.405
Definitions
180.410
Manufacturer certification
180.415
Nonparticipating manufacturer certification
180.416
Nonparticipating manufacturer bond
180.420
Document retention period
180.425
Attorney General’s directory
180.430
Nonresident nonparticipating manufacturer service agent
180.435
Distributor obligations
180.440
Prohibited conduct
180.441
Prohibited shipping
180.445
Quarterly escrow deposits
180.448
Attorney General investigative demand
180.450
Judicial review
180.451
Civil remedies for violation of ORS 180.441
180.455
Revocation or suspension of distributor license
180.465
Legislative findings
180.468
Definitions
180.471
Manufacturer certification
180.474
Nonparticipating manufacturer certification
180.477
Attorney General’s directory
180.480
Nonresident nonparticipating manufacturer service agent
180.483
Distributor obligations
180.486
Prohibited conduct
180.489
Quarterly escrow deposits
180.491
Judicial review
180.494
Revocation or suspension of distributor license
180.500
Grants for training for groups and agencies that interact with persons who have experienced trauma
180.510
Functions of Department of Justice
180.520
Duties of department
180.540
Review of consumer contracts for conformity with plain language standards
180.545
Plain language standards
180.550
Compliance statement
180.555
Exemptions
180.600
Definitions
180.610
Investigation of organized criminal activity
180.620
Investigators to have authority of peace officers
180.630
Acceptance of federal grant of funds
180.640
Criminal Justice Revolving Account
180.700
Advisory committee
180.710
Program reviews
180.720
Hope Card Program
180.750
Definitions
180.755
Prohibited acts
180.760
Civil action for violation
180.765
Statute of limitation
180.770
Estoppel
180.775
Investigative demand
180.780
Distribution of recovered amounts
180.785
Remedy not exclusive
180.805
Prohibited involvement of public bodies in federal immigration law enforcement
180.810
Model confidentiality policy
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