Subdivision 1. Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 299F.851 is liable to a civil penalty:
(1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
(2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
(b) However, the penalty against any such person or entity for a violation under paragraph (a) must not exceed $100,000 during any 30-day period.
Subd. 2. Retail. (a) A retail dealer who knowingly sells cigarettes in violation of section 299F.851 is liable to a civil penalty for a first offense, not to exceed:
(1) $500, and for a subsequent offense, not to exceed $2,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered for sale does not exceed 1,000 cigarettes; or
(2) $1,000, and for a subsequent offense, not to exceed $5,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered for sale exceeds 1,000 cigarettes.
(b) However, the penalty against any retail dealer must not exceed $25,000 during any 30-day period.
Subd. 3. False certification. In addition to any 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 this subdivision is, for a first offense, liable to a civil penalty of at least $75,000, and for a subsequent offense a civil penalty not to exceed $250,000 for each false certification.
Subd. 4. Violation of other provision. Any person violating any other provision in sections 299F.850 to 299F.859 is liable to a civil penalty for a first offense not to exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for each violation.
Subd. 5. Forfeiture. Cigarettes that have been sold or offered for sale that do not comply with the performance standard required by section 299F.851 are subject to forfeiture under section 297F.21 and, upon judgment of forfeiture, shall be destroyed; provided, however, that before destroying any cigarettes seized in accordance with section 297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.
Subd. 6. Remedies. In addition to any other remedy provided by law, the state fire marshal or attorney general may institute a civil action in district court for a violation of this section, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation under this section, including enforcement costs relating to the specific violation and attorney fees. Each violation of sections 299F.850 to 299F.859 or of rules adopted under sections 299F.850 to 299F.859 constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
History: 2007 c 54 art 7 s 14,22
NOTE: This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Section 299F.01 — Fire Marshal.
Section 299F.011 — State Fire Code; Administration And Enforcement.
Section 299F.0115 — Exemption For Members Of Federally Recognized Tribes.
Section 299F.012 — Fire Safety Account.
Section 299F.013 — Fuel Dispensing.
Section 299F.014 — Petroleum Storage Tanks; Tank Vehicle Parking.
Section 299F.03 — Special Attorney.
Section 299F.035 — Fire Department Use Of Criminal History Data.
Section 299F.036 — Firefighter; Previous Employment Investigation.
Section 299F.037 — Reporting Firefighter Deaths.
Section 299F.04 — Origin Of Fire Investigated; Computerized Arson Data.
Section 299F.05 — Law Enforcement Powers; Information System.
Section 299F.051 — Arson Training.
Section 299F.052 — Arson Reporting Immunity Law, Citation.
Section 299F.053 — Definitions.
Section 299F.054 — Disclosure Of Information.
Section 299F.055 — Confidential Data; Evidence.
Section 299F.056 — Enforcement.
Section 299F.057 — Applicability Of Ordinances; Concurrent Jurisdiction.
Section 299F.059 — Juvenile Fire Setter Intervention.
Section 299F.06 — Testimonial Powers.
Section 299F.08 — Premises, When Entered.
Section 299F.09 — Building Entered Within Reasonable Hours.
Section 299F.092 — Definitions.
Section 299F.093 — Powers And Duties Of Commissioner.
Section 299F.094 — Report Required; Contents.
Section 299F.095 — Powers And Duties Of Fire Department.
Section 299F.096 — Duty To Safeguard Private Information.
Section 299F.099 — Local Ordinance Preempted.
Section 299F.18 — Combustible Material Removed.
Section 299F.19 — Flammable Liquids And Explosives.
Section 299F.20 — Failure To Comply, Punishment.
Section 299F.28 — Records Are Public, Exceptions.
Section 299F.29 — County And City Attorneys To Assist.
Section 299F.30 — Fire Drill In School; Doors And Exits.
Section 299F.31 — Penalties Paid Into State Treasury.
Section 299F.32 — Statutory Construction.
Section 299F.35 — Statement Of Insured, Use In Civil Action.
Section 299F.3605 — Petroleum Refineries.
Section 299F.362 — Smoke Detector; Installation; Rules; Penalty.
Section 299F.391 — Health Care, Education, Or Lodging Facility.
Section 299F.40 — Liquefied Petroleum Or Industrial Gas Container.
Section 299F.46 — Hotel Inspections.
Section 299F.47 — School Inspections.
Section 299F.48 — Automatic Sprinkler Systems In Existing Public Housing Buildings.
Section 299F.50 — Definitions.
Section 299F.51 — Requirements For Carbon Monoxide Alarms.
Section 299F.56 — Definitions; Natural Gas Pipeline Safety.
Section 299F.57 — Safety Standards; Gas Pipeline.
Section 299F.58 — Certification And Report To Federal Government.
Section 299F.59 — Compliance With Standards.
Section 299F.60 — Pipeline Violation; Rules, Civil Penalties.
Section 299F.61 — Pipeline Violation; Injunctive Relief, Judicial Procedure.
Section 299F.62 — Plan To Operate And Maintain Gas Pipeline.
Section 299F.63 — Records, Reports, Inspections.
Section 299F.631 — Inspection Fee; Assessment, Rules.
Section 299F.64 — Federal Money.
Section 299F.641 — Intrastate Hazardous Liquid Pipeline.
Section 299F.72 — Definitions.
Section 299F.73 — License Required.
Section 299F.74 — Permit Required For Possession Or Use.
Section 299F.75 — Permit Application.
Section 299F.76 — Affirmation And Identification; Effective Period.
Section 299F.77 — Issuance To Certain Persons Prohibited.
Section 299F.785 — Black Powder.
Section 299F.79 — Unlawful Possession Of Component; Penalty.
Section 299F.80 — Unlawful Possession Of Explosive; Penalties.
Section 299F.82 — Illegal Transfer; Penalty.
Section 299F.83 — Negligent Discharge.
Section 299F.831 — Handling While Influenced By Alcohol Or Drug.
Section 299F.850 — Cigarette Fire Safety Definitions.
Section 299F.851 — Test Method And Performance Standard.
Section 299F.852 — Certification And Product Change.
Section 299F.853 — Marking And Cigarette Packaging.
Section 299F.854 — Penalties And Remedies.
Section 299F.855 — Implementation.
Section 299F.856 — Inspection.
Section 299F.857 — Reduced Cigarette Ignition Propensity Account.