(a) No person shall do either of the following:
(1) Give, sell, possess for sale, distribute, produce, or manufacture any cigarette or tobacco product that contains, in whole or in part, cloves, clove oil or eugenol.
(2) Possess or use any cigarette or tobacco product that contains, in whole or in part, cloves, clove oil or eugenol.
(b) Whoever violates subsection (a)(1) hereof is guilty of the illegal sale, possession for sale, distribution, production or manufacture of clove cigarettes or tobacco products. If the offender has not been previously convicted of or pleads guilty to a violation of subsection (a)(1) hereof, he shall be guilty of a misdemeanor of the second degree. If the offender has been previously convicted of or pleads guilty to a violation of subsection (a)(1) hereof, he shall be guilty of a misdemeanor of the first degree.
(c) Whoever violates subsection (a)(2) hereof is guilty of the illegal use or possession of clove cigarettes or tobacco products. If the offender has not been previously convicted of or pleads guilty to a violation of subsection (a)(2) hereof, he shall be guilty of a misdemeanor of the fourth degree. If the offender has been previously convicted of or pleads guilty to a violation of subsection (a)(2) hereof, he shall be guilty of a misdemeanor of the third degree.
(Ord. 85-63. Passed 10-21-85.)