180.425; ����� (b) Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or br

180.425;

����� (b) Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425; or

����� (c) Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction.

����� (2) A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor.

����� (3) A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 �11; 2009 c.70 �1; 2019 c.240 �3]

����� Note: See note under 180.400.

����� 180.441 Prohibited shipping; in-person sale required. (1)(a) A person engaged in the business of selling cigarettes, inhalant delivery systems or smokeless tobacco products for profit may not ship or transport, or cause to be shipped or transported, cigarettes, inhalant delivery systems or smokeless tobacco products ordered or purchased by mail or telephone or through a computer or other electronic network to any person in this state other than a distributor or retailer.

����� (b) Paragraph (a) of this subsection does not apply to a freight forwarder or motor carrier, as those terms are defined in 49 U.S.C. 13102, as in effect on August 8, 2017, or an air carrier, as defined in 49 U.S.C. 40102, as in effect on August 8, 2017.

����� (2) A retailer may not sell cigarettes, inhalant delivery systems or smokeless tobacco products unless the retailer or an employee of the retailer makes the sale to the purchaser in person as part of a face-to-face exchange.

����� (3) A person may not knowingly provide substantial assistance to a person that is violating subsection (1) or (2) of this section. [2017 c.687 �10; 2021 c.179 �3]

����� Note: See note under 180.400.

����� 180.445 Quarterly escrow deposits or equity assessment payments; rules. (1) To promote compliance with the provisions of ORS 180.410, 180.415, 180.420, 180.430, 180.435 and 180.440, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits or equity assessment payments required by ORS 323.804 or 323.806 in quarterly installments during the year in which the sales covered by the deposits are made. The Attorney General may require a nonparticipating manufacturer to produce information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit or payment.

����� (2) If the Attorney General adopts rules requiring a nonparticipating manufacturer to make escrow deposits or payments in quarterly installments, the rules may also provide that a nonparticipating manufacturer that has been in continuous compliance for one year with ORS 180.410, 180.415, 180.420, 180.430, 180.435,