Utah § 59-14-211 - Penalties for dealing with prohibited cigarettes -- Private right of action.
Full text of Utah Utah Code § 59-14-211 — Penalties for dealing with prohibited cigarettes -- Private right of action., with citation guidance and answers to common questions.
§ 59-14-211. Penalties for dealing with prohibited cigarettes -- Private right of action.
59-14-211.
Penalties for dealing with prohibited cigarettes -- Private right of action.
(1)
A person, regardless of whether the person is a licensee under Section 59-14-202, is guilty of a class B misdemeanor for each instance in which the person knowingly or with reason to know:
(a)
sells or distributes cigarettes described under Section 59-14-210;
(b)
acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes:
alters the package of any cigarettes prior to their sale or distribution to the ultimate consumer to remove, conceal, or obscure a notice, warning label, or other package information described in Subsection 59-14-210(1)(a); or
If a person knowingly or with reason to know commits an act described in Subsections (1)(a) through (d), the commission shall:
(a)
suspend or revoke a license issued to the person under Section 59-14-202; and
(b)
regardless of whether the person is licensed under Section 59-14-202, impose a civil penalty in an amount not to exceed the greater of:
(i)
500% of the retail value of the cigarettes; or
(ii)
$5,000.
(3)
Any person whose commercial interests have been adversely affected as a result of a violation of this section may bring an action for injunctive relief, damages, or both.
(4)
(a)
The sale or possession for sale of counterfeit cigarettes by a manufacturer, importer, distributor, or retailer is punishable by a court of law as follows:
(i)
a first violation involving a total quantity of less than 100 cartons of cigarettes is punishable by a fine in an amount the greater of $500 or five times the retail value of the cigarettes;
(ii)
a subsequent violation involving a total quantity of less than 100 cartons of cigarettes is punishable by:
(A)
the greater of a fine of $2,000 or five times the retail value of the cigarettes;
(B)
imprisonment not to exceed one year; or
(C)
both imprisonment and a fine imposed by this Subsection (4)(a)(ii); and
(D)
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to two years;
(iii)
a first violation involving a total quantity of 100 cartons of cigarettes or more is punishable by:
(A)
the greater of a fine of $2,500 or five times the retail value of the cigarettes;
(B)
imprisonment not to exceed five years; or
(C)
both the fine and imprisonment imposed by this Subsection (4)(a)(iii);
(iv)
a second violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
(A)
the greater of a fine of $10,000 or five times the retail value of the cigarettes;
(B)
imprisonment not to exceed five years; or
(C)
both the fine and imprisonment imposed by this Subsection (4)(a)(iv); and
(D)
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and
(v)
a third and subsequent violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
(A)
the greater of a fine of $25,000 or five times the retail value of the cigarettes;
(B)
imprisonment not to exceed five years; or
(C)
both the fine and imprisonment imposed by this Subsection (4)(a)(v); and
(D)
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and
(b)
any counterfeit cigarette seized by the commission shall be destroyed.
Section 59-14-211 ("Penalties for dealing with prohibited cigarettes -- Private right of action.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 59-14-211?
A common citation format is "Utah Code § 59-14-211" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 59-14-211 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
