§ 18-13-05 — Penalties (Contingent expiration date - See note)

1. A manufacturer, wholesale dealer, agent, or any other person that knowingly sells or
offers to sell cigarettes, other than through retail sale, in violation of section 18-13-02,
for a first offense is subject to a civil penalty not to exceed ten thousand dollars for
each sale of cigarettes, and for a subsequent offense is subject to a civil penalty not to
exceed twenty-five thousand dollars for each sale, but the penalty against any person
may not exceed one hundred thousand dollars during any thirty-day period.
2. A retail dealer that knowingly sells cigarettes in violation of section 18-13-02:
a. For a first offense is subject to a civil penalty not to exceed five hundred dollars,
and for a subsequent offense is subject to a civil penalty not to exceed two
thousand dollars, for each sale or offer for sale of cigarettes if the total number of
cigarettes sold or offered for sale in the sale does not exceed one thousand
cigarettes; or
b. For a first offense is subject to a civil penalty not to exceed one thousand dollars,
and for a subsequent offense is subject to a civil penalty not to exceed five
thousand dollars for each sale or offer for sale of such cigarettes if the total
number of cigarettes sold or offered for sale in the sale exceeds one thousand
cigarettes, provided that this penalty may not exceed twenty-five thousand dollars
during a thirty-day period.
3. In addition to any penalty prescribed by law, any manufacturer that knowingly makes a
false certification pursuant to section 18-13-03 is subject to a civil penalty of at least
seventy-five thousand dollars, but not to exceed two hundred fifty thousand dollars for
each false certification.

4. Any person violating any other provision in this chapter is subject to a civil penalty for a
first offense not to exceed one thousand dollars, and for a subsequent offense to a civil
penalty not to exceed five thousand dollars for each violation.
5. If any law enforcement personnel or duly authorized representative of the state fire
marshal discovers any cigarettes for which no certification has been filed as required
by section 18-13-03, or which have not been marked as required by section 18-13-04,
that personnel or representative may seize and take possession of the cigarettes.
Cigarettes seized under this subsection must be destroyed; provided, however, that
before the destruction of the cigarettes, the true holder of the trademark rights in the
cigarette brand is permitted to inspect the cigarette.
6. In addition to any other remedy provided by law, the state fire marshal or insurance
commissioner may file an action in district court for a violation of this chapter, including
petitioning for:
a. Preliminary or permanent injunctive relief against any manufacturer, importer,
wholesale dealer, retail dealer, agent, or any other person to enjoin the person
from selling or offering to sell any cigarette that does not comply with the
requirements of this chapter; or
b. 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.
7. Each violation of this chapter or of rules adopted to implement this chapter constitutes
a separate civil violation for which the state fire marshal or insurance commissioner
may obtain relief.