Section 320.374

Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 01 Jan 2011, see footnote   

  320.374.  Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption. — 1.  Nothing in sections 320.350 to 320.374 shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 320.353 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and such person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

  ^*2.  Sections 320.350 to 320.374 shall terminate if a federal cigarette ignition propensity standard is enacted.

  3.  Sections 320.350 to 320.374 preempt any local law, ordinance, or regulation that conflicts with any provision of sections 320.350 to 320.374 or any policy of the state implemented in accordance with sections 320.350 to 320.374. Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of sections 320.350 to 320.374 or with any policy of this state expressed by sections 320.350 to 320.374 whether that policy is expressed by inclusion of a provision in such sections or by exclusion of that subject from such sections.

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(L. 2009 H.B. 205)

Effective 1-01-11

*Contingent termination date

*Revisor's Note:  To date, no federal cigarette ignition propensity standard has been enacted.