31-606. Same; sales in violation of act; fines, forfeiture, injunctive relief, costs. - Kansas Statutes

31-606

Chapter 31.--FIRE PROTECTION Article 6.--FIRE SAFETY STANDARDS FOR CIGARETTES

      31-606.   Same; sales in violation of act; fines,forfeiture, injunctive relief, costs.(a) A manufacturer, wholesale dealer, agent or any other person orentity whoknowingly sells or offers to sell cigarettes, other than through retail sale,thatdo not meet theperformance standard ofK.S.A. 2009 Supp.31-603, and amendments thereto,are not listed on thedirectory as required byK.S.A. 2009 Supp.31-604, and amendments thereto, orare not marked in accordance withK.S.A. 2009 Supp.31-605, and amendments thereto, shall be subject to a civilpenalty not to exceed $500 for eachpack of such cigarettes sold or offered for sale provided that in no case shallthe penalty against anysuch person or entity exceed $100,000 during any thirty-day period.

      (b)   A retail dealeror vending machine operatorwho knowingly sells or offers to sell cigarettes that arenot listed on thedirectory as required byK.S.A. 2009 Supp.31-604, and amendments thereto, orare not marked in accordance withK.S.A. 2009 Supp.31-605, and amendments thereto, shall be subject to a civilpenalty not to exceed $500 for eachpack of such cigarettes sold or offered for sale, provided that in no caseshall the penalty against any retail dealeror vending machine operatorexceed $25,000 for sales or offersto sell during any thirty-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 cigarettesthat knowingly makesa false certification pursuant toK.S.A. 2009 Supp.31-604, and amendmentsthereto, shall be subject to a civil penaltyof at least $75,000 and not to exceed $250,000 for each such falsecertification.

      (d)   Any person violating any other provision in this act shall be subject toa civil penalty fora first offense not to exceed $1,000, and for a subsequent offense subject to acivil penalty not toexceed $5,000 for each such violation.

      (e)   Any cigarettes that have been sold or offered for sale that do not complywith theperformance standard required byK.S.A. 2009 Supp.31-603, and amendmentsthereto, shall be considered contrabandand subject to forfeiture. Cigarettes forfeited pursuant to this section shallbe destroyed. Prior to thedestruction of any cigarette forfeited pursuant to this subsection, the trueholder of the trademark rights in the cigarette brand shall be permitted toinspect the cigarette.

      (f)   In addition to any other remedy provided by law, the state fire marshalor attorney generalmay file an action in the district court for a violation of this act, includingpetitioning for injunctiverelief or to recover any costs or damages suffered by the state because of aviolation of this act,including enforcement costs relating to the specific violation and attorney'sfees. Each violation ofthis act or of rules or regulations adopted under this act constitutes aseparate civil violation forwhich the state fire marshal or attorney general may obtain relief.

      (g)   Whenever any law enforcement personnel or duly authorized representativeof the statefire marshal, director, or attorney general shall discover any cigarettes thathave not been marked inthe manner required byK.S.A. 2009 Supp.31-605, and amendments thereto, orfor which a certificationhas not been filedasrequired byK.S.A. 2009 Supp.31-604, and amendments thereto, such personnelare herebyauthorized and empoweredto seize and take possession of such cigarettes with or without process orwarrant. Such cigarettesshall be turned over to the division of taxation, and shall be subject toforfeiture proceedings.Cigarettes seized pursuant to this section shall be destroyed. Prior to thedestruction of any cigaretteseized pursuant to this subsection, the true holder of the trademark rights inthe cigarette brand shallbe permitted to inspect the cigarettes.

      (h)   Any action taken pursuant to this section issubject to review in accordance with the actfor judicial review and civil enforcement of agency actions.

      (i)   The provisions of this section shall take effect and be in force from andafter July 1, 2009.

      History:   L. 2008, ch. 135, § 6; July 1.