March 18, 2004, Introduced by Rep. Julian and referred to the Committee on Regulatory Reform.
A bill to amend 1993 PA 327, entitled
"Tobacco products tax act,"
by amending section 11 (MCL 205.431).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11. (1) Beginning
May 1, 1994, a A person, either as
2 principal or agent, shall
not sell or solicit orders for a sale
3 of a tobacco product to be shipped, mailed, or otherwise sent or
4 brought into the state, including an internet sale, to a person
5 not a licensed manufacturer, licensed wholesaler, licensed
6 secondary wholesaler, licensed vending machine operator, licensed
7 unclassified acquirer, licensed transporter, or licensed
8 transportation company, unless the tobacco product is to be sold
9 to or through a licensed wholesaler.
Each violation of this act
10 is a separate offense.
11 (2) A person shall not purchase or order a tobacco product in
1 an internet sale except from a licensed manufacturer, licensed
2 wholesaler, licensed secondary wholesaler, licensed vending
3 machine operator, or licensed unclassified acquirer.
4 (3) Each violation of this section is a separate offense.
5 (4) A person who violates this section in connection with an
6 internet sale is guilty of a misdemeanor, punishable by a fine of
7 not more than $1,000.00 or imprisonment for not more than 1 year,
8 or both.
9 (5) As used in this section, "internet sale" means a sale of,
10 a solicitation to sell, a purchase of, or an offer to purchase a
11 tobacco product conducted all or in part by accessing an internet
12 website.