320.374. Sale of cigarettes outside state or United States, requirements not to apply--termination of requirements, when--state preemption.

Sale of cigarettes outside state or United States, requirements not toapply--termination of requirements, when--state preemption.

320.374. 1. Nothing in sections 320.350 to 320.374 shall beconstrued to prohibit any person or entity from manufacturing or sellingcigarettes that do not meet the requirements of section 320.353 if thecigarettes are or will be stamped for sale in another state or are packagedfor sale outside the United States and such person or entity has takenreasonable steps to ensure that such cigarettes will not be sold or offeredfor sale to persons located in this state.

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

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

(L. 2009 H.B. 205)

Effective 1-01-11

*Contingent termination date, see subsection 2.