Books and records to be preserved

(1) Every distributor shall keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of nicotine products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of nicotine products made, except sales to the ultimate consumer within the state.

(2) The distributor's records must show the names and addresses of purchasers, the inventory of all nicotine products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of nicotine products.

(3) When a licensed distributor sells nicotine products exclusively to the ultimate consumer within the state at the address given in the license, no invoice of those sales is required, but the licensed distributor shall make itemized invoices of all nicotine products transferred to other retail outlets owned or controlled by that licensed distributor. A distributor shall preserve all books, records, and other papers and documents required by this section to be kept for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

(4) (a) Every retailer that is not also a licensed distributor shall keep at its place of business complete and accurate records to show that all nicotine products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.

(b) The general assembly shall appropriate money for any expenses incurred by the department related to enforcing subsection (4)(a) of this section from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).