(a) A police officer or other authorized personnel as determined by regulations may seize cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler that have not been marked in accordance with § 16-604 of this subtitle.

(b) (1) Subject to paragraph (2) of this subsection, cigarettes seized under this section shall be destroyed.

(2) The true holder of the trademark rights in the cigarette brand shall be provided the opportunity to inspect any cigarettes seized under this section before the cigarettes are destroyed.