Bill Text: NJ S2149 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns cigarette manufacturers and production of certain tobacco products using roll-your-own tobacco machines at retail establishments within this State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-17 - Reported from Senate Committee, 2nd Reading [S2149 Detail]
Download: New_Jersey-2012-S2149-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Concerns cigarette manufacturers and production of certain tobacco products using roll-your-own tobacco machines at retail establishments within this State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cigarette manufacturers and the production of certain tobacco products using roll-your-own tobacco machines at retail establishments within this State, supplementing Title 52 of the Revised Statutes, P.L.1948, c.65 (C.54:40A-1 et seq.), and P.L.2007, c.86 (C.54:40A-54 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law to the contrary, a person who maintains a machine at a retail establishment within this State that enables a person to process at that retail establishment tobacco or another product that is made or derived in whole or in part from tobacco into a roll or tube for smoking shall be deemed by the Attorney General to be a tobacco product manufacturer selling cigarettes to consumers within this State and the resulting product shall be deemed by the Attorney General to be a cigarette for purposes of P.L.1999, c.148 (C.52:4D-1 et seq.), P.L.2003, c.25 (C.52:4D-4 et seq.), P.L.2003, c.195 (C.52:4D-13 et seq.), and P.L.2007, c.96 (C.52:4D-3.1 et seq.).
2. Notwithstanding the provisions of any other law to the contrary, a person who maintains a machine at a retail establishment within this State that enables a person to process at that retail establishment tobacco or another product that is made or derived in whole or in part from tobacco into a roll or tube for smoking shall be deemed by the Director of the Division of Taxation in the Department of the Treasury to be a manufacturer engaged in or otherwise conducting the business of manufacturing cigarettes in this State and the resulting product shall be deemed by the director to be a cigarette for purposes of the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.).
3. Notwithstanding the provisions of any other law to the contrary, a person who maintains a machine at a retail establishment within this State that enables a person to process at that retail establishment tobacco or another product that is made or derived in whole or in part from tobacco into a roll or tube for smoking shall be deemed by the Director of the Division of Fire Safety in the Department of Community Affairs to be a manufacturer and the resulting product shall be deemed by the director to be a cigarette for purposes of "The Reduced Cigarette Ignition Propensity and Firefighter Protection Act," P.L.2007, c.86 (C.54:40A-54 et seq.).
4. This act shall take effect immediately and apply to persons maintaining machines at retail establishments within this State on or after the first day of the third month beginning after the date of enactment.
STATEMENT
This bill supplements current law to enumerate certain persons who are deemed to be manufacturers of cigarettes and to clarify the classification of tobacco products produced for consumption using certain "roll-your-own tobacco" machines.
Under the bill, a person who maintains a machine at a retail establishment within this State that enables a person to process at that retail establishment tobacco or another product that is made or derived in whole or in part from tobacco into a roll or tube for smoking will be deemed to be a manufacturer of cigarettes. The bill provides that the resulting tobacco product produced for consumption using "roll-your-own tobacco" machines at retail establishments within this State will be deemed to be a cigarette.
The bill takes effect immediately upon enactment and provides that its changes apply to persons maintaining machines at retail establishments within this State on or after the first day of the third month beginning after the date of enactment.
The purpose of this bill is to require a retailer that maintains a "roll-your-own tobacco" machine at a retail establishment within this State to be treated as a cigarette manufacturer under current State tax law and to comply with the provisions of certain other State laws that apply to persons who manufacture cigarettes.
