CIGARETTES

Cal. HSC § 14955

California Statutes

(

a) A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this

part is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each sale. (

b) A retailer, distributor, or wholesaler that knowingly sells or offers to sell cigarettes in violation of this part shall be subject to the following:

(1) A civil penalty not to exceed five hundred dollars ($500) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale does not exceed packages of cigarettes.

(2) A civil penalty not to exceed one thousand dollars ($1,000) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale exceeds packages of cigarettes. (

c) The civil penalties imposed pursuant to subdivisions (

a) and (

b) shall be deposited in the Cigarette Fire Safety and Firefighter Protection Fund. (

d) In addition to any other 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

Section is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each false certification. (

e) A person who violates any other provision in this

part is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by

Section shall be deemed contraband per se and subject to seizure and disposal by the department or a law enforcement agency. (

f) The Attorney General may bring an action on behalf of the people of the state to restrain further violations of this part and for any other relief that may be appropriate. In any action by the Attorney General to enforce this act, the Attorney General shall be entitled to recover costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees. (

g) It is a defense in any action for civil penalties that a distributor, wholesaler, retailer, or a person in the stream of commerce relied in good faith on the manufacturer’s certificate or marking that the cigarettes comply with this part.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 14955
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC14955.2019497158

CIGARETTES

Cal. HSC § 14955

California Statutes

CIGARETTES

Cal. HSC § 14955

California Statutes

(

a) A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this

part is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each sale. (

b) A retailer, distributor, or wholesaler that knowingly sells or offers to sell cigarettes in violation of this part shall be subject to the following:

(1) A civil penalty not to exceed five hundred dollars ($500) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale does not exceed packages of cigarettes.

(2) A civil penalty not to exceed one thousand dollars ($1,000) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale exceeds packages of cigarettes. (

c) The civil penalties imposed pursuant to subdivisions (

a) and (

b) shall be deposited in the Cigarette Fire Safety and Firefighter Protection Fund. (

d) In addition to any other 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

Section is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each false certification. (

e) A person who violates any other provision in this

part is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by

Section shall be deemed contraband per se and subject to seizure and disposal by the department or a law enforcement agency. (

f) The Attorney General may bring an action on behalf of the people of the state to restrain further violations of this part and for any other relief that may be appropriate. In any action by the Attorney General to enforce this act, the Attorney General shall be entitled to recover costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees. (

g) It is a defense in any action for civil penalties that a distributor, wholesaler, retailer, or a person in the stream of commerce relied in good faith on the manufacturer’s certificate or marking that the cigarettes comply with this part.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 14955
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC14955.2019497158