[§132C-6]  Penalties; enforcement; attorneygeneral.  (a)  The following civil penalties may be assessed:

(1)  Against a manufacturer, wholesaler, or any otherperson or entity that knowingly sells cigarettes, except by licensed retailsales, in violation of section 132C-3, a civil penalty not to exceed $100 foreach pack of cigarettes sold or offered for sale; provided that in no caseshall the penalty exceed $100,000 during any thirty-day period;

(2)  Against a manufacturer that knowingly makes afalse 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 offersfor sale cigarettes in violation of section 132C-3, a civil penalty not toexceed $100 for each pack of cigarettes sold or offered for sale; provided thatin no case shall the penalty exceed $25,000 for sales or offers to sell duringany thirty-day period; and

(4)  Against any other person that violates thischapter, a civil penalty for a first offense not to exceed $1,000, and for asubsequent offense not to exceed $5,000 for each violation.

(b)  Any cigarettes sold or offered for salethat do not comply with the performance standard required by section 132C-3shall be subject to forfeiture under chapter 712A.  Cigarettes forfeitedpursuant to this subsection shall be destroyed.

(c)  Whenever any law enforcement officer orduly authorized representative of the state fire council discovers anycigarettes 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 withouta warrant and turned over to the attorney general.  The contraband cigarettesshall be subject to forfeiture under chapter 712A.  Cigarettes seized pursuantto this subsection shall be destroyed.

(d)  In addition to any other remedy providedby law, the attorney general may file an action for a violation of thissection, including petitioning for injunctive relief, recovery of costs ordamages suffered by the State as the result of a violation of this section,including enforcement costs relating to the specific violation and attorneyfees.  Each violation of this chapter or of any rule adopted pursuant to thischapter shall constitute a separate civil violation for which the attorneygeneral may obtain relief. [L 2008, c 218, pt of §1]