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<br /> receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2
<br /> misdemeanor; provided, however, persons under the age of 18 may be enlisted by police or
<br /> local sheriffs' departments to test compliance if the testing is under the direct supervision of
<br /> that law enforcement department and written parental consent is provided; provided further,
<br /> that the Department of Health and Human Services shall have the authority, pursuant to a
<br /> written plan prepared by the Secretary of Health and Human Services, to use persons under 18
<br /> years of age in annual, random, unannounced inspections, provided that prior written parental
<br /> consent is given for the involvement of these persons and that the inspections are conducted for
<br /> the sole purpose of preparing a scientifically and methodologically valid statistical study of the
<br /> extent of success the State has achieved in reducing the availability of tobacco products to
<br /> persons under the age of 18, and preparing any report to the extent required by section 1926 of
<br /> the federal Public Health Service Act (42 USC § 300x-26).
<br /> (e) Statewide uniformity. - It is the intent of the General Assembly to prescribe this
<br /> uniform system for the regulation of tobacco products and cigarette wrapping papers to ensure
<br /> the eligibility for and receipt of any federal funds or grants that the State now receives or may
<br /> receive relating to the provisions of G.S. 14-313. To ensure uniformity, no political
<br /> subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal
<br /> corporation, town, township, village, nor any department or agency thereof, may enact
<br /> ordinances, rules or regulations concerning the sale, distribution, display or promotion of (i)
<br /> tobacco products or cigarette wrapping papers on or after September 1, 1995, or (ii) tobacco-
<br /> derived products or vapor products on or after August 1, 2013. This subsection does not apply
<br /> to the regulation of vending machines, nor does it prohibit the Secretary of Revenue from
<br /> adopting rules with respect to the administration of the tobacco products taxes levied under
<br /> Article 2A of Chapter 105 of the General Statutes.
<br /> (f) Deferred Prosecution or Conditional Discharge. - Notwithstanding G.S. 15A-
<br /> 1341(al) or G.S. 15A-1341(a4), any person charged with a misdemeanor under this section
<br /> shall be qualified for deferred prosecution or a conditional discharge pursuant to Article 82 of
<br /> Chapter 15A of the General Statutes provided the defendant has not previously been placed on
<br /> probation for a violation of this section and so states under oath. (1891, c. 276; Rev., s. 3804;
<br /> C.S., s. 4438; 1969, c. 1224, s. 3; 1991, c. 628, s. l; 1993, c. 539, s. 216; 1994, Ex. Sess., c. 24,
<br /> s. 14(c); 1995, c. 241, s. l; 1997-434, ss. 1-6; 1997-443, s. 11A.118(a); 2001-461, s. 5; 2002-
<br /> 159, s. 5; 2005-350, s. 6(b); 2013-165, s. l; 2014-119, s. 2(c).)
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