§ 35-9-806 — Penalties

Wyoming § 35-9-806

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 9: FIRE PROTECTION
• Art. 8: REDUCED CIGARETTE IGNITION

Text

(a) A manufacturer, wholesale dealer, agent or any other
person or entity who knowingly sells or offers for sale
cigarettes, other than through retail sale, in violation of W.S.
35-9-803 shall be subject to a civil penalty not to exceed one
hundred dollars ($100.00) for each pack of such cigarettes sold
or offered for sale. In no case shall the penalty against any
such person or entity exceed one hundred thousand dollars
($100,000.00) during any thirty (30) day period.
(b) A retail dealer who knowingly sells or offers for sale
cigarettes in violation of any provision of this act shall be
subject to a civil penalty not to exceed one hundred dollars
($100.00) for each pack of such cigarettes sold or offered for
sale. In no case shall the penalty against any retail dealer
exceed ten thousand dollars ($10,000.00) 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 pursuant to W.S. 35-9-804
shall be subject to a civil penalty of not less than seventy-
five thousand dollars ($75,000.00) nor more than two hundred
fifty thousand dollars ($250,000.00) for each false
certification.
(d) Any person violating any other provision of this act
shall be subject to a civil penalty for a first offense not to
exceed one thousand dollars ($l,000.00) and for each subsequent
offense a penalty not to exceed five thousand dollars
($5,000.00) for each violation.
(e) Law enforcement personnel or authorized employees of
the department of revenue may seize cigarettes for which no
certification has been filed or that have not been marked in the
manner required by this act. Cigarettes seized pursuant to this
section shall be destroyed not less than thirty (30) days after
the trademark holder in the cigarette brand has been given an
opportunity to inspect the cigarettes.
(f) In addition to any other remedy provided by law, the
attorney general may file an action in district court for a
violation of this act, including petitioning for any one (1) or
more of the following remedies:
(i) For preliminary or permanent injunctive relief
against any manufacturer, importer, wholesale dealer, retail
dealer, agent or any other individual or entity to enjoin such
individual or entity from selling, offering to sell or affixing
tax stamps to any cigarette that does not comply with the
requirements of this act;
(ii) To recover any costs or damages suffered by the
state because of a violation of this act, including enforcement
costs relating to the specific violation and attorney's fees.
(g) Each violation of this act or of rules and regulations
adopted under this act constitutes a separate civil violation
for which the department of revenue or attorney general may
obtain relief. Upon obtaining judgment for injunctive relief
under this section, the department of revenue or attorney
general shall provide a copy of the judgment to all wholesale
dealers and agents to which the subject cigarette has been sold.