1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.Test methods and performance standards.
Cigarette test methods and performance standards are governed by the provisions of this subsection.
3.Certification.
This subsection governs the certification of cigarettes under this section.
4.Marking of cigarette packaging.
The provisions of this subsection govern marking of cigarette packaging.
5.Violations.
Penalties for violating this section are as set out in this subsection.
6.Forfeiture.
Any cigarettes that have been sold or offered for sale that do not comply with the performance standards required by this section are subject to forfeiture under Title 36, section 4372‑A, as long as, prior to the destructio
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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Test methods and performance standards.
Cigarette test methods and performance standards are governed by the provisions of this subsection.
3.
Certification.
This subsection governs the certification of cigarettes under this section.
4.
Marking of cigarette packaging.
The provisions of this subsection govern marking of cigarette packaging.
5.
Violations.
Penalties for violating this section are as set out in this subsection.
6.
Forfeiture.
Any cigarettes that have been sold or offered for sale that do not comply with the performance standards required by this section are subject to forfeiture under Title 36, section 4372‑A, as long as, prior to the destruction of any cigarette forfeited pursuant to these provisions, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.
7.
Injunctive relief.
In addition to any other remedy provided by law, the Attorney General may file an action in District Court or Superior Court for a violation of this section, including petitioning for injunctive relief or to recover any costs or damages suffered by the State because of a violation of this section, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the State Fire Marshal or Attorney General may obtain relief.
8.
Implementation.
This section must be implemented as set out in this subsection.
9.
Inspection.
To enforce the provisions of this section, the Attorney General and the State Fire Marshal may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are manufactured, tested, placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Such a person shall give the Attorney General and the State Fire Marshal the means, facilities and opportunity for the examinations authorized by this subsection.
10.
Fire Prevention and Public Safety Fund.
The Fire Prevention and Public Safety Fund is established as a nonlapsing fund. The fund must consist of all money recovered as penalties for violations of this section. The money must be deposited to the credit of the fund and, in addition to any other money made available for such purpose, must be made available to the State Fire Marshal to support fire safety and prevention programs.
11.
Sale outside of State.
Nothing in this section may be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of this section if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State.