50-65-110. Penalties. (1) A manufacturer, wholesale dealer, agent, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 50-65-102, for a first offense, is subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes and, for a subsequent offense, is subject to a civil penalty not to exceed $25,000 for each sale of the cigarettes. However, the penalty may not exceed $100,000 during any 30-day period.

(2) (a) A retail dealer who knowingly sells cigarettes in violation of 50-65-102:

(i) for a first offense, is subject to a civil penalty not to exceed $100 and, for a subsequent offense, is subject to a civil penalty not to exceed $400 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes; or

(ii) for a first offense, is subject to a civil penalty not to exceed $1,000 and, for a subsequent offense, is subject to a civil penalty not to exceed $5,000 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.

(b) The total penalty against a retail dealer provided in this subsection (2) may not exceed $25,000 during a 30-day period.

(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited liability company, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to 50-65-103 is, for a first offense, subject to a civil penalty of at least $75,000 and, for a subsequent offense, a civil penalty not to exceed $250,000 for each false certification.

(4) A person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed $1,000 and, for a subsequent offense, a civil penalty not to exceed $5,000 for each violation.

(5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by 50-65-102 are subject to forfeiture under 16-11-159 if prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand is permitted to inspect the cigarette.

(6) In addition to any other remedy provided by law, the department of justice may file an action in the appropriate district court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs related to the specific violation and attorney fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the department of justice may obtain relief.

History: En. Sec. 5, Ch. 318, L. 2007.