Section R15-3-317. Disposition of Seized Tobacco Products

A.      Except as provided in subsection (B), tobacco products seized by the Department are subject to return to a licensee that prevails in an appeal of the seizure.

B.       The Department will destroy products seized under any of the following circumstances:

1.        Tobacco  products,   other  than  pipe  tobacco  or  cigars, seized for a violation of A.R.S. § 36-798.06.

2.        Cigarettes seized for noncompliance with A.R.S. § 41-

2170.01 or for lack of markings required by A.R.S. § 41- 2170.03;

3.        Cigarettes seized for a violation of A.R.S. § 42-3210.

4.        Cigarettes seized pursuant to A.R.S. § 44-7111(6)(b). For the purposes of this paragraph, “cigarette” has the same meaning prescribed in A.R.S. § 44-7101(2)(d).

5.        Seizure of tobacco products under any other A.R.S. section that requires destruction of the products seized.

Historical Note

New Section made by exempt rulemaking at 19 A.A.R.

520, effective February 19, 2013 (Supp. 13-1).