§ 22-14-7-24 — Penalties; forfeiture; seizure

Indiana § 22-14-7-24

• Jurisdiction: Indiana
• Art. 14: FIRE SAFETY LAWS: ENFORCEMENT
• Ch. 7: Reduced Ignition Propensity Standards for Cigarettes

Text

(a) A manufacturer, a wholesale dealer, an
agent, or another person or entity that knowingly sells or offers to sell
cigarettes, other than through retail sale, in violation of section 12 of
this chapter is subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of cigarettes sold or offered for sale.
However, the penalty against a person or an entity may not exceed one
hundred thousand dollars ($100,000) during any thirty (30) day period.
(b) A retail dealer who knowingly sells or offers to sell cigarettes in
violation of section 12 of this chapter is subject to a civil penalty not to
exceed one hundred dollars ($100) for each pack of cigarettes sold or
offered for sale. However, the penalty against a retail dealer may not
exceed twenty-five thousand dollars ($25,000) during any thirty (30)
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 under section 21 of this chapter is subject to a civil penalty
of at least seventy-five thousand dollars ($75,000). However, the
penalty may not exceed two hundred fifty thousand dollars ($250,000)
for each false certification.
(d) A person that violates any other provision of this chapter is
subject to a civil penalty for a first offense not to exceed one thousand
dollars ($1,000), and for a subsequent offense not to exceed five
thousand dollars ($5,000), for each violation.
(e) A cigarette that has been sold or offered for sale that does not
comply with the performance standard required by section 13 or 15 of
this chapter is subject to forfeiture. Cigarettes forfeited under this
section must be destroyed. However, before the destruction of any
cigarette forfeited under this section, the holder of the trademark rights
in the cigarette brand is allowed to inspect the cigarette.
(f) In addition to any other remedy provided by law, the state fire
marshal may file an action in a court of competent jurisdiction for a
violation of this chapter, including petitioning for injunctive relief or
to recover any costs or damages suffered by the state because of a
violation of this chapter, including enforcement costs relating to the
specific violation and attorney's fees. Each violation of this chapter or
rules adopted under this chapter constitutes a separate civil violation
for which the state fire marshal may obtain relief.
(g) A law enforcement officer or representative of the state fire
marshal may seize and take possession of any cigarettes that have not
been marked in the manner required by section 23 of this chapter. The
seized cigarettes must be turned over to the department of state
revenue. Cigarettes seized under this section are forfeited to the state
and must be destroyed. However, before the destruction of any
cigarette seized under this section, the holder of the trademark rights
in the cigarette brand is allowed to inspect the cigarette.

Legislative History

As added by P.L.82-2008, SEC.1.