Indiana § 24-3-3-14 - Certification of compliance with chapter; failure to make annual deposit

§ 24-3-3-14. Certification of compliance with chapter; failure to make annual deposit

Sec. 14. (a) Each tobacco product manufacturer that elects to place funds into escrow under section 12(2) of this chapter shall annually certify to the attorney general that it is in compliance with this chapter. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under section 12 and section 13 of this chapter. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under section 12(2) of this chapter shall:

(1) Be required within fifteen (15) days to place sufficient funds into escrow to bring it into compliance with this chapter. The court, upon a finding of a violation of section 12(2) of this chapter, may also impose a civil penalty to be paid to the state general fund in an amount not to exceed five percent (5%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent (100%) of the original amount improperly withheld from escrow.

(2) In the case of a knowing violation, be required within fifteen (15) days to place sufficient funds into escrow to bring it into compliance with section 12(2) of this chapter. The court, upon a finding of a knowing violation of section 12(2) of this chapter, may also impose a civil penalty to be paid to the state general fund in an amount not to exceed fifteen percent (15%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent (300%) of the original amount improperly withheld from escrow.

(3) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within Indiana (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed two (2) years.

(b) Each failure to make an annual deposit required under section 12(2) of this chapter constitutes a separate violation.

As added by P.L.223-1999, SEC.1.

IC 24-3-3.5Chapter 3.5. Tobacco Qualified Escrow Fund Proceedings

24-3-3.5-1Disclosure 24-3-3.5-2Attorney's fees

IC 24-3-3.5-1Disclosure Sec. 1. Notwithstanding any other provision of law, for any official purpose, including enforcing IC 24-3-3 or a judgment in a civil action based on IC 24-3-3, the attorney general may disclose information obtained under IC 24-3-3-11 or IC 24-3-3-14.

As added by P.L.33-2002, SEC.1.

IC 24-3-3.5-2Attorney's fees Sec. 2. The attorney general is entitled to reasonable attorney's fees from a tobacco manufacturer in settlement of matters related to IC 24-3-3, or as a remedy for an adjudicated violation of IC 24-3-3.

As added by P.L.33-2002, SEC.1.

IC 24-3-4Chapter 4. Cigarettes Produced for Export; Imported Cigarettes

24-3-4-1Applicability of chapter 24-3-4-2"Cigarette" 24-3-4-3"Department" 24-3-4-4"Importer" 24-3-4-5"Law enforcement officer" 24-3-4-6"Manufacturer" 24-3-4-7"Person" 24-3-4-8Sale, distribution, or transportation of prohibited cigarettes 24-3-4-9Affixing stamp on prohibited cigarettes 24-3-4-10Monthly reports of imported cigarettes 24-3-4-11Powers of department 24-3-4-12Seizure of cigarettes; search warrants 24-3-4-13Enforcement powers; prosecution of violations 24-3-4-14Injunctive or equitable relief 24-3-4-15Class A misdemeanor; sale, distribution, or transportation of prohibited cigarettes 24-3-4-16Class A misdemeanor; affixing stamp on prohibited cigarettes 24-3-4-17Penalty