Oklahoma § 74-326.6 - Violation of act – Penalties – Forfeiture – Action by

§ 74-326.6. Violation of act – Penalties – Forfeiture – Action by

Fire Marshal or Attorney General.

A. A manufacturer, wholesale dealer, agent or any other person

or entity who knowingly sells or offers to sell cigarettes, other

than through retail sale, in violation of Section 3 of this act,

shall be subject to a civil penalty not to exceed Five Hundred

Dollars ($500.00) for each pack of such cigarettes sold or offered

for sale; provided, that in no case shall the penalty against any

such person or entity exceed One Hundred Thousand Dollars

($100,000.00) during any thirty-day period.

B. A retail dealer who knowingly sells or offers to sell

cigarettes in violation of Section 3 of this act shall be subject to

a civil penalty not to exceed Five Hundred Dollars ($500.00) for

each pack of such cigarettes sold or offered for sale; provided,

that in no case shall the penalty against any retail dealer exceed

Twenty-five Thousand Dollars ($25,000.00) for sales or offers to

sell during any thirty-day period.

C. In addition to any penalty prescribed by law, any

corporation, partnership, sole proprietor, limited partnership or

association engaged in the manufacture of cigarettes that knowingly

makes a false certification pursuant to Section 4 of this act shall

be subject to a civil penalty of at least Seventy-five Thousand

Dollars ($75,000.00) and not to exceed Two Hundred Fifty Thousand

Dollars ($250,000.00) for each such false certification.

D. Any person violating any other provision in this act shall

be subject to a civil penalty for a first offense not to exceed One

Oklahoma Statutes - Title 74. State Government

Thousand Dollars ($1,000.00), and for a subsequent offense subject

to a civil penalty not to exceed Five Thousand Dollars ($5,000.00)

for each such violation.

E. Any cigarettes that have been sold or offered for sale that

do not comply with the performance standard required by Section 3 of

this act shall be considered contraband and subject to forfeiture.

Cigarettes forfeited pursuant to this section shall be destroyed;

provided, however, that prior to the destruction of any cigarette

forfeited pursuant to these provisions, the true holder of the

trademark rights in the cigarette brand shall be permitted to

inspect the cigarette.

F. In addition to any other remedy provided by law, the State

Fire Marshal or Attorney General may file an action in the court of

competent jurisdiction for a violation of this act, including

petitioning for injunctive relief or to recover any costs or damages

suffered by the state because of a violation of this act, including

enforcement costs relating to the specific violation and attorney

fees. Each violation of this act or of rules adopted under this act

constitutes a separate civil violation for which the State Fire

Marshal or Attorney General may obtain relief.

G. Whenever any law enforcement personnel or duly authorized

representative of the State Fire Marshal shall discover any

cigarettes that have not been marked in the manner required by

Section 5 of this act, such personnel are hereby authorized and

empowered to seize and take possession of such cigarettes. Such

cigarettes shall be turned over to the Tax Commission, and shall be

forfeited to the state. Cigarettes seized pursuant to this section

shall be destroyed; provided, however, that prior to the destruction

of any cigarette seized pursuant to these provisions, the true

holder of the trademark rights in the cigarette brand shall be

permitted to inspect the cigarette.

Added by Laws 2008, c. 155, § 6, eff. Jan. 1, 2009.