On December 20, 2010, the New Jersey State Senate passed bill #N10-S.2175, which it substituted for the State Assembly’s bill #N10-A.3102. The two bills are identical, and put a new tool into the hands of the state, in its battle to stop illicit commerce of contraband (black and gray market) tobacco products, mainly cigarettes. Senator Jim Whelan (D), Second District, put the bill on the Senate floor, where it passed 37-0 last December 20.

The bill’s provisions include:

- Any tobacco products with unpaid excise taxes (i.e., without stamps) may be considered to be contraband. Such products are subject to seizure, and may be destroyed.

- Alternatively, authorities can offer seized products for resale to the manufacturer, and can set other guidelines for seizure.

The legal holder of rights to the trademark of the brand can inspect the cigarettes prior to destruction, in order to assist in any investigation regarding the cigarettes.

The bill next goes to the Assembly floor for approval. Passage is expected, considering the Senate’s unanimous vote, and the fact it originated in the Assembly. If it passes there, the governor‘s signature would make it state law.

For an overview and legislative progress on the bill, go to:
http://www.njleg.state.nj.us/bills/BillView.asp

To read the bill, go halfway down that page to “Introduced - 5 pages,” and
select “pdf format” or “html format” (no direct links)