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Senator Constantine moved the following amendment:

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     Senate Amendment

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     Delete line(s) 244-268

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and insert:

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     (f) The requirements of paragraph (a) shall not prohibit:

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     1. Wholesale or retail dealers from selling their existing

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inventory of cigarettes on or after the effective date of this

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section if the wholesale or retail dealer can establish that

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state tax stamps were affixed to the cigarettes prior to the

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effective date and the wholesale or retail dealer can establish

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that the inventory was purchased prior to the effective date in

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comparable quantity to the inventory purchased during the same

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period of the prior year; or

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     2. The sale of cigarettes solely for the purpose of

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consumer testing. For purposes of this subparagraph, the term

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"consumer testing" means an assessment of cigarettes that is

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conducted by or is under the control and direction of a

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manufacturer for the purpose of evaluating consumer acceptance of

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such cigarettes and that uses only the quantity of cigarettes

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that is reasonably necessary for such assessment.

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     (g) It is the intent of the Legislature by this section to

4/24/2008  2:52:00 PM     22-08631-08