Section 34-49-21 – Preemption of local laws, ordinances, and regulations.
34-49-21. Preemption of local laws, ordinances, and regulations. This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce […]
Section 34-49-22 – Repeal upon express federal preemption.
34-49-22. Repeal upon express federal preemption. The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective. Source: SL 2009, ch 172, §22, eff. Jan. 1, 2011.
Section 34-49-23 – Construction of chapter with law of other states.
34-49-23. Construction of chapter with law of other states. It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states. Source: SL 2009, ch 172, §23, eff. Jan. 1, 2011.
Section 34-49-17 – Examination of books and records.
34-49-17. Examination of books and records. To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, […]
Section 34-49-18 – Cigarette fire safety standard act fund created.
34-49-18. Cigarette fire safety standard act fund created. There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be […]
Section 34-49-19 – Out-of-state sales permitted.
34-49-19. Out-of-state sales permitted. Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§34-49-2 to 34-49-7, inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or […]
Section 34-49-20 – Certain sales of existing inventory on or after January 1, 2011 permitted.
34-49-20. Certain sales of existing inventory on or after January 1, 2011 permitted. Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January […]
Section 34-49-11 – Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.
34-49-11. Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements. A retailer who knowingly sells or offers to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack […]
Section 34-49-12 – Civil penalties for false certification by manufacturer.
34-49-12. Civil penalties for false certification by manufacturer. In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to §34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dollars for […]
Section 34-49-13 – Other civil penalties.
34-49-13. Other civil penalties. Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent violation. Source: […]