1. The department of revenue may promulgate rules to implement the provisions of sections 320.350 to 320.374. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 320.350 to 320.374 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Sections 320.350 to 320.374 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking 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 of wholesalers and retailers as authorized under section 149.041, may inspect such cigarettes to determine if the cigarettes are marked as required by section 320.359. If the cigarettes are not marked as required, the department shall notify the state attorney general.