The requirement that cigarettes sold in Hawaii must be in compliance with this chapter shall not prohibit:

(1) Wholesalers or dealers from selling existing cigarette inventories on or after September 30, 2009; provided that the wholesaler or dealer can establish both of the following to the satisfaction of the state fire council:

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Terms Used In Hawaii Revised Statutes 132C-8

  • Cigarette: means :

    (1) Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; or

    (2) Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1). See Hawaii Revised Statutes 132C-2

  • Dealer: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
  • Manufacturer: means :

    (1) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere, and intends to sell these cigarettes:

    (A) In this State; or

    (B) Anywhere in the United States through an importer;

    (2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

    (3) Any entity that becomes a successor of an entity described in paragraph (1) or (2). See Hawaii Revised Statutes 132C-2

  • selling: means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration. See Hawaii Revised Statutes 132C-2
  • Wholesaler: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
(A) The Hawaii tax stamps were affixed to the cigarettes pursuant to chapter 245 prior to September 30, 2009; and
(B) The inventory was purchased prior to September 30, 2009, and the purchased inventory is comparable to the amount of inventory purchased during the same period the previous year; or
(2) The sale of cigarettes solely for the purpose of consumer testing. For the purposes of this paragraph, the term “consumer testing” means an assessment of cigarettes that is conducted by or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of cigarettes, using only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.

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