State Codes and Statutes
Statutes > Utah > Title-53 > Chapter-07 > 53-7-40653-7-406. Penalties.
(1) (a) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent,or any other person or entity who knowingly sells or offers to sell cigarettes, other than throughretail sale, in violation of Section 53-7-403:
(i) for a first offense shall be liable for a civil penalty not to exceed $10,000 per each saleof cigarettes; and
(ii) for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 pereach sale of such cigarettes.
(b) A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any30-day period against any one entity described in Subsection (1).
(2) (a) Except as provided in Subsection (2)(b), a retail dealer who knowingly sellscigarettes in violation of Section 53-7-403 shall:
(i) for a first offense for each sale or offer for sale of cigarettes, if the total number ofcigarettes sold or offered for sale:
(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500 foreach sale or offer of sale; and
(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 foreach sale or offer of sale; and
(ii) for a subsequent offense, if the total number of cigarettes sold or offered for sale:
(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000for each sale or offer of sale; and
(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 foreach sale or offer of sale.
(b) A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed$25,000 during a 30-day period.
(3) In addition to any penalty prescribed by law, any corporation, partnership, soleproprietor, limited partnership, or association engaged in the manufacture of cigarettes thatknowingly makes a false certification pursuant to Section 53-7-404 shall, for each falsecertification:
(a) for a first offense, be liable for a civil penalty of at least $75,000; and
(b) for a subsequent offense, be liable for a civil penalty not to exceed $250,000.
(4) Any person violating any other provision in this part shall be liable for a civil penaltyfor each violation:
(a) for a first offense, not to exceed $1,000; and
(b) for a subsequent offense, not to exceed $5,000.
(5) Any cigarettes that have been sold or offered for sale that do not comply with theperformance standard required by Section 53-7-403 shall be subject to forfeiture under Title 24,Chapter 1, Utah Uniform Forfeiture Procedures Act, and, upon being forfeited, shall bedestroyed, provided, however, that prior to the destruction of any cigarette seized pursuant to thispart, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect thecigarette.
(6) In addition to any other remedy provided by law, the state fire marshal or attorneygeneral may file an action in district court for a violation of this part, including petitioning forinjunctive relief or to recover any costs or damages suffered by the state because of a violation ofthis part, including enforcement costs relating to the specific violation and attorney fees. Each
violation of this part or of rules or regulations adopted under this part constitutes a separate civilviolation for which the state fire marshal or attorney general may obtain relief.
Enacted by Chapter 362, 2007 General Session
