District of Columbia § 7-1756 Penalties and remedies.

District of Columbia Statutes

§ 7-1756 — Penalties and remedies.

District of Columbia·Title 7 Human Health Care and Safety.·Ch. 17 Restrictions on Tobacco Smoking.·Subch. III Fire-Standard-Compliant Cigarettes.

(1)A manufacturer or wholesale dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $10,000 for each violation and not to exceed $100,000 for all such violations during any 30-day period.

(2)A retail dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $5,000 for each violation and not to exceed $25,000 for all such violations during any 30-day period.

(3)Each day of violation shall constitute a separate violation and, unless provided otherwise by regulation, the prescribed penalty shall be applicable to each

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(1) A manufacturer or wholesale dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $10,000 for each violation and not to exceed $100,000 for all such violations during any 30-day period.

(2) A retail dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $5,000 for each violation and not to exceed $25,000 for all such violations during any 30-day period.

(3) Each day of violation shall constitute a separate violation and, unless provided otherwise by regulation, the prescribed penalty shall be applicable to each separate violation.

(b) In addition to any penalty prescribed by subsection (a) of this section, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to § 7-1754 shall be subject to a civil penalty of at least $75,000 and not to exceed $250,000 for each such false certification.

(c) In addition to any other remedy provided by law, the Attorney General for the District of Columbia may file a civil action in the Superior Court of the District of Columbia for a violation of this subchapter, which may include a petition for injunctive relief and the recovery of costs or damages.

(1) Law enforcement personnel or duly authorized representatives of the Mayor may seize and take possession of cigarettes that have not been marked in the manner required by § 7-1754(b) . The seized cigarettes shall be turned over to the Attorney General for the District of Columbia, and shall be forfeited to the District of Columbia.

(2) Cigarettes seized pursuant to this subsection shall be destroyed; provided, that before the destruction of any cigarette seized, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.

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