26-U.S.C.-5723
§5723 – Packages, Marks, Labels, and Notices
Pathway
Title 26 > Subtitle E > Chapter 52 > Subchapter C > Section 5723
Details
- Reference: Section 5723
- Legend: §5723 – Packages, Marks, Labels, and Notices
- USCode Year: 2013
Provision Content
(a) Packages
All tobacco products, processed tobacco, and cigarette papers and tubes shall, before removal, be put up in such packages as the Secretary shall by regulation prescribe.
(b) Marks, labels, and notices
Every package of tobacco products, processed tobacco, or cigarette papers or tubes shall, before removal, bear the marks, labels, and notices if any, that the Secretary by regulation prescribes.
(c) Lottery features
No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products, processed tobacco, or cigarette papers or tubes.
(d) Indecent or immoral material prohibited
No indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products, processed tobacco, or cigarette papers or tubes.
(e) Exceptions
Tobacco products furnished by manufacturers of such products for use or consumption by their employees, or for experimental purposes, and tobacco products, processed tobacco, and cigarette papers and tubes transferred to the bonded premises of another manufacturer or export warehouse proprietor or released in bond from customs custody for deliver to a manufacturer of tobacco products, processed tobacco, or cigarette papers and tubes, may be exempted from subsection (a) and (b) in accordance with such regulations as the Secretary shall prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 713; Pub. L. 85–859, title II, §202, Sept. 2, 1958, 72 Stat. 1422; Pub. L. 94–455, title XIX, §§1905(a)(28), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1821, 1834; Pub. L. 111–3, title VII, §702(a)(2)(C), Feb. 4, 2009, 123 Stat. 108.)
Amendments
2009—Pub. L. 111–3 inserted , processed tobacco, after tobacco products wherever appearing.
1976—Pub. L. 94–455, §1905(a)(28)(A), substituted and notices for notices, and stamps in section catchline.
Subsecs. (a), (e). Pub. L. 94–455, §1906(b)(13)(A), struck out or his delegate after Secretary.
Subsec. (b). Pub. L. 94–455, §§1905(a)(28)(B), 1906(b)(13)(A), struck out references to stamps in heading and in text and struck out or his delegate after Secretary.
1958—Subsec. (a). Pub. L. 85–859 substituted Packages for Packages, labels, notices, and stamps in heading, and substituted All tobacco products and cigarette papers and tubes shall, before removal, be put up in such packages as for All articles shall, before removal, be put up in packages having such labels, notices, and stamps as in text.
Subsec. (b). Pub. L. 85–859 added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (c). Pub. L. 85–859 redesignated former subsec. (b) as (c) and substituted tobacco products or cigarette papers or tubes for articles. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 85–859 redesignated former subsec. (c) as (d) and substituted tobacco products or cigarette papers or tubes for articles. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 85–859 redesignated former subsec. (d) as (e), and permitted exemption of tobacco products and cigarette papers and tubes transferred to the bonded premises of another manufacturer or export warehouse proprietor or released in bond from customs custody for delivery to a manufacturer of tobacco products or cigarette papers and tubes, and eliminated provisions which authorized exemption of articles removed for shipment to a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, and so shipped.
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–3 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 111–3, set out as a note under section 5702 of this title.
Effective Date of 1976 Amendment
Amendment by section 1905(a)(28) of Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94–455, set out as a note under section 5005 of this title.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85–859, set out as an Effective Date note under section 5001 of this title.
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