339-F:2 General Requirements. –
I. On and after October 1, 2007, no cigarettes shall be sold or offered for sale in this state unless:
(a) The cigarettes have been tested in accordance with the test method prescribed in RSA 339-F:3.
(b) The cigarettes meet the performance standard specified in RSA 339-F:4.
(c) A written certification has been filed by the manufacturer with the commissioner and the New Hampshire department of justice in accordance with RSA 339-F:6.
(d) The cigarettes are marked in accordance with RSA 339-F:8.
II. Nothing in this chapter shall prohibit wholesalers or retailers from selling their inventory of cigarettes existing on October 1, 2007, provided that such wholesaler or retailer can establish that tax stamps were affixed to such cigarettes pursuant to RSA 78 prior to October 1, 2007, and provided further that such wholesaler or retailer can establish that such inventory was purchased prior to October 1, 2007 in comparable quantity to the inventory purchased during the same 12-month period of the prior year.
III. Consistent with RSA 78:10, nothing in this chapter shall be construed to prohibit any person or entity from selling or offering for sale cigarettes that have not been certified by the manufacturer in accordance with RSA 339-F:6 if such cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States.
IV. No person shall sell tobacco products through a vending machine in violation of this chapter.