A. A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 3 of this act, shall be subject to a civil penalty not to exceed Five Hundred Dollars ($500.00) for each pack of such cigarettes sold or offered for sale; provided, that in no case shall the penalty against any such person or entity exceed One Hundred Thousand Dollars ($100,000.00) during any thirty-day period.
B. A retail dealer who knowingly sells or offers to sell cigarettes in violation of Section 3 of this act shall be subject to a civil penalty not to exceed Five Hundred Dollars ($500.00) for each pack of such cigarettes sold or offered for sale; provided, that in no case shall the penalty against any retail dealer exceed Twenty-five Thousand Dollars ($25,000.00) for sales or offers to sell during any thirty-day period.
C. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 4 of this act shall be subject to a civil penalty of at least Seventy-five Thousand Dollars ($75,000.00) and not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) for each such false certification.
D. Any person violating any other provision in this act shall be subject to a civil penalty for a first offense not to exceed One Thousand Dollars ($1,000.00), and for a subsequent offense subject to a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each such violation.
E. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Section 3 of this act shall be considered contraband and subject to forfeiture. Cigarettes forfeited pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any cigarette forfeited pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
F. In addition to any other remedy provided by law, the State Fire Marshal or Attorney General may file an action in the court of competent jurisdiction for a violation of this act, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this act, including enforcement costs relating to the specific violation and attorney fees. Each violation of this act or of rules adopted under this act constitutes a separate civil violation for which the State Fire Marshal or Attorney General may obtain relief.
G. Whenever any law enforcement personnel or duly authorized representative of the State Fire Marshal shall discover any cigarettes that have not been marked in the manner required by Section 5 of this act, such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Tax Commission, and shall be forfeited to the state. Cigarettes seized pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
Added by Laws 2008, c. 155, § 6, eff. Jan. 1, 2009.