§132C-6 Penalties; enforcement; attorney general. (a) The following civil penalties may be assessed:
(1) Against a manufacturer, wholesaler, or any other person or entity that knowingly sells cigarettes, except by licensed retail sales, in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $100,000 during any thirty-day period;
(2) Against a manufacturer that knowingly makes a false certification pursuant to section 132C-4, a civil penalty of at least $75,000 and not to exceed $250,000 for each false certification;
(3) Against a dealer that knowingly sells or offers for sale cigarettes in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $25,000 for sales or offers to sell during any thirty-day period; and
(4) Against any other person that violates this chapter, a civil penalty for a first offense not to exceed $1,000, and for a subsequent offense not to exceed $5,000 for each violation.
(b) Any cigarettes sold or offered for sale that do not comply with the performance standard required by section 132C-3 shall be subject to forfeiture under chapter 712A. Cigarettes forfeited pursuant to this subsection shall be destroyed.
(c) Whenever any law enforcement officer or duly authorized representative of the state fire council discovers any cigarettes that have not been marked in the manner required under section 132C-4, the officer or representative may seize and take possession of the cigarettes. The cigarettes shall be considered contraband and may be seized with or without a warrant and turned over to the attorney general. The contraband cigarettes shall be subject to forfeiture under chapter 712A. Cigarettes seized pursuant to this subsection shall be destroyed.
(d) In addition to any other remedy provided by law, the attorney general may file an action for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney fees. Each violation of this chapter or of any rule adopted pursuant to this chapter shall constitute a separate civil violation for which the attorney general may obtain relief. [L 2008, c 218, pt of §1]
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