§ 58-92-30. Penalties. - North Carolina Statutes

§ 58‑92‑30. Penalties.

(a)        A manufacturer,distributor, agent, or any other person or entity who knowingly sells or offersto sell cigarettes, other than through retail sale, in violation of G.S. 58‑92‑15,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 provided that in nocase shall the penalty against any such person or entity exceed one hundredthousand dollars ($100,000) during any 30‑day period.

(b)        A retail dealer whoknowingly sells or offers to sell cigarettes in violation of G.S. 58‑92‑15shall 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, provided that in nocase shall the penalty against any retail dealer exceed twenty‑fivethousand dollars ($25,000) for sales or offers to sell during any 30‑dayperiod.

(c)        In addition to anypenalty prescribed by law, any corporation, partnership, sole proprietor,limited partnership, or association engaged in the manufacture of cigarettesthat knowingly makes a false certification pursuant to G.S. 58‑92‑20shall be subject to a civil penalty of at least seventy‑five thousanddollars ($75,000) but not to exceed two hundred fifty thousand dollars($250,000) for each such false certification.

(d)        Any personviolating any other provision in this Article shall be subject to a civilpenalty for a first offense not to exceed one thousand dollars ($1,000), andfor a subsequent offense subject to a civil penalty not to exceed five thousanddollars ($5,000) for each such violation.

(e)        Any cigarettes thathave been sold or offered for sale that do not comply with the performancestandard required by G.S. 58‑92‑15 shall be subject to forfeitureas contraband under the same procedures as G.S. 75D‑5 or G.S. 113‑412.Cigarettes forfeited pursuant to this section shall be destroyed; provided,however, that prior to the destruction of any cigarette forfeited pursuant tothese provisions, the true holder of the trademark rights in the cigarettebrand shall be permitted to inspect the cigarette.

(f)         In addition to anyother remedy provided by law, the Commissioner or Attorney General may file anaction in the superior court for a violation of this Article, includingpetitioning for injunctive relief or to recover any costs or damages sufferedby the State because of a violation of this Article, including enforcementcosts relating to the specific violation and attorneys' fees. Each violation ofthis Article or of rules or regulations adopted under this Article constitutesa separate civil violation for which the Commissioner or Attorney General mayobtain relief.

(g)        Whenever any lawenforcement personnel or duly authorized representative of the Commissionershall discover any cigarettes that have not been marked in the manner requiredby this Article, such personnel is hereby authorized and empowered to seize andtake possession of such cigarettes. Such cigarettes shall be turned over to theDepartment of Revenue and shall be forfeited to the State. Cigarettes seizedpursuant to this section shall be destroyed; provided, however, that prior tothe destruction of any cigarette seized pursuant to these provisions, the trueholder of the trademark rights in the cigarette brand shall be permitted toinspect the cigarette.

(h)        Any penalty imposedunder this Article shall be payable to the Commissioner.

(i)         A violation ofthis Article constitutes a civil offense only and is not a crime.  (2007‑451, s. 1; 2009‑490,s. 2.)