Certification of compliance by tobacco product manufacturer--Civil action for non-compliance--Penalties

Each tobacco product manufacturer that elects to place funds into escrow shall quarterly certify its compliance with § 10-50B-7 to the attorney general. The attorney general may bring a civil action on behalf of the State of South Dakota against any tobacco product manufacturer that fails to place into escrow the funds required. Any tobacco product manufacturer that fails in any quarter to place into escrow the funds required by § 10-50B-7 shall:

# (1)

Within fifteen days place such funds into escrow as shall bring it into compliance with § 10-50B-7 . The court, upon a finding of a violation of § 10-50B-7 , may impose a civil penalty to be paid to the state general fund in an amount not to exceed five percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent of the original amount improperly withheld from escrow;

# (2)

In the case of a knowing violation, within fifteen days place such funds into escrow as shall bring it into compliance with § 10-50B-7 . The court, upon a finding of a knowing violation of § 10-50B-7 , may impose a civil penalty to be paid to the state general fund in an amount not to exceed fifteen percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent of the original amount improperly withheld from escrow; and

# (3)

In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary, for a period not to exceed two years.

Last amended: Source: SL 1999, ch 60 , § 9; SL 2010, ch 68 , § 2.

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