§ 51-25.1-06 — Miscellaneous provisions - Penalties and remedies cumulative - Joint and several liability

North Dakota § 51-25.1-06

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-25.1: Tobacco Product Manufacturer Requirements

Text

several liability.
1. Any determination by the attorney general not to include in or to remove from the
directory a tobacco product manufacturer or brand family is subject to judicial
review by the filing of a civil action for prospective declaratory or injunctive relief.
The Burleigh County district court has exclusive jurisdiction over the civil action.
2. A license or renewal of a license to act as a distributor may not be issued to a
person unless the person certifies in writing the person will comply with this
chapter and chapter 57-36.
3. A licensed distributor shall provide to the attorney general, and update as
necessary, an electronic mail address and facsimile number to receive any
notification required by this chapter.
4. The first report of a distributor required under subsection 1 of section 51-25.1-04 is
due thirty days after the effective date of this chapter.
a. The first certification of a tobacco product manufacturer described under
subsection 1 of section 51-25.1-02 is due forty-five days after the effective
date of this chapter.
b. The directory described in subsection 2 of section 51-25.1-02 must be
developed and made available for public inspection within one hundred twenty
days after the effective date of this chapter.
5. The attorney general and commissioner may adopt rules necessary to effect the
purposes of this chapter and chapter 51-25.
6. In any action brought by the state to enforce this chapter, the state is entitled to
recover the costs of investigation, expert witness fees, costs of the action, and
reasonable attorney's fees.
7. If a court determines a person has violated this chapter, the court shall order any
profits, gain, gross receipts, or other benefit from the violation disgorged and paid
to the general fund, and the court shall order payment of any taxes due under
chapter 57-36.

8. Unless otherwise provided, remedies or penalties provided by this chapter are
cumulative to each other and to remedies or penalties available under all other
laws of this state.
9. If a court of competent jurisdiction finds this chapter in conflict with chapter 51-25
and the conflict cannot be harmonized, chapter 51-25 must control. If any portion
of this chapter causes chapter 51-25 to no longer constitute a qualifying or model
statute, as the terms are defined in the master settlement agreement, that portion
of this chapter must be held to be invalid.
10. For each nonparticipating manufacturer located outside the United States, each
importer into the United States of the nonparticipating manufacturer's brand
families sold in the state has joint and several liability with the nonparticipating
manufacturer for deposit of all escrow amounts due under subsection 2 of section
51-25-02 and payment of all penalties imposed under subsection 2 of section
51-25-02.
11. For purposes of the definition of "units sold" in this chapter and chapter 51-25, the
burden of establishing a sale of cigarettes is exempt from state excise tax under
federal law, such that an escrow deposit for the sale is not required under section
51-25-02 or subsection 5 of section 51-25.1-04, is on the nonparticipating
manufacturer claiming the exemption. To establish a claim a transaction involving
the sale of cigarettes is exempt from state excise tax by federal law, such that an
escrow deposit for the sale is not required, the nonparticipating manufacturer shall
submit to the attorney general supporting information contained in a form
prescribed or approved by the attorney general.