Correct, there is no reference to cigars. Neither the Senate bill nor the House bill has anything to do with cigars -- it is all about combating cigarette counterfeiting. But the Senate snuck in cigar-related references to the sister bill (S1177) at the very last moment .....and the sucker passed. And if it could happen in the Senate, it could happen again in the House. I think I am still missing something - I read the entire final bill as passed, which should include the ammendments, and I still cannot find a reference to cigars. There was an ammendment that read - change the language to include all tobacco as stated in the Jenkins Act section 1. Section 1 of the Jenkins Act is the definitions section. The section dealing with tobacco is one part and reads as follows:
2) The term ''cigarette'' means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
All that did was change the wording in the final bill. Again, maybe I am missing something. Of course JR's ( I cannot comment on the other companies) is one of, if not the, largest retailer of cigarettes in the country. It would not be out of the realm of possibility for them to be drumming up support among cigar smokers to defeat a cigarette bill. As I read the bill, it would definitely hurt their cigarette sales as well as adding an additional burden of reporting all the sales to each state.
Again, if you can locate the language in the final bill that refers to cigars I would appreciate it. I just want to make sure I have all my ducks in a row before I make any calls.
Internet Tobacco Sales Enforcement Act - Amends the Jenkins Act to require each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco to comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered.
Prohibits the cigarettes or smokeless tobacco from being delivered to the buyer unless in advance of the delivery the excise tax has been paid and any required stamps or other indicia that such tax has been paid are properly affixed or applied, with an exception.
Authorizes a State Attorney General to bring a civil action to obtain any appropriate relief, including money damages where appropriate, against any person who violates such prohibition or who knowingly assists or participates in such a violation. Expresses the sense of Congress that any State Attorney General who commences such a civil action should inform the U.S. Attorney General who should make information about the case publicly available. Authorizes civil penalties for violations. Eliminates the $1,000 criminal penalty limitation.
Declares that the Act does not limit the remedies provided by State or Federal law with respect to alleged violations relating to a sale or distribution of cigarettes or smokeless tobacco in connection with an interstate sale or distribution of cigarettes or smokeless tobacco.
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