CHAPTER 179 ENFORCEMENT, REQUIREMENTS AND PENALTIES
Advertising
Section 179:31-a
179:31-a Prohibited Conduct; Defacing of Controlled Products. –
I. No off premise license holder, or an employee or agent of an off premise license holder acting within the scope of employment, shall intentionally deface, or cause or permit the defacing of, any controlled product or its packaging or labeling prior to sale or delivery to a consumer.
II. For purposes of this section, prohibited defacing shall include, but not be limited to:
(a) Intentionally removing, cutting, tearing, peeling off, or otherwise damaging any portion of the original label or packaging.
(b) Applying any sticker, tag, marking, or other material.
III. Nothing in this section shall prohibit:
(a) The placement of price tags, inventory control stickers, security devices, or similar markings used in the ordinary course of business.
(b) Actions expressly required by state or federal law, administrative rule, product recall notice, or lawful order of a regulatory agency.
IV. A licensee shall not be subject to suspension, revocation, or other administrative penalty under this chapter solely on the basis that a controlled product, its packaging, or its labeling has been defaced, if the defacing occurred without the licensee's authorization, direction, or knowing permission.