320.365. Rulemaking authority--department of revenue may inspect cigarettes for markings.
Rulemaking authority--department of revenue may inspect cigarettes formarkings.
320.365. 1. The department of revenue may promulgate rules toimplement the provisions of sections 320.350 to 320.374. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in sections 320.350 to 320.374shall become effective only if it complies with and is subject to all ofthe provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. Sections 320.350 to 320.374 and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date, or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after January 1,2011, shall be invalid and void.
2. The department, in the regular course of conducting inspections ofwholesalers and retailers as authorized under section 149.041, RSMo, mayinspect such cigarettes to determine if the cigarettes are marked asrequired by section 320.359. If the cigarettes are not marked as required,the department shall notify the state attorney general.
(L. 2009 H.B. 205)Effective 1-01-11