Effective: May 1, 2010
Latest Legislation: House Bill 500 - 127th General Assembly
(A) A manufacturer who violates division (B) of section 3739.05 of the Revised Code shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer fails to comply with that division.
(B) A manufacturer, wholesale dealer, agent, or any other person other than a retail dealer who knowingly sells or offers to sell cigarettes in violation of section 3739.02 of the Revised Code is liable for a civil penalty not to exceed one hundred dollars per each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period.
(C) A retail dealer who knowingly violates section 3739.02 of the Revised Code is liable for a civil penalty not to exceed one hundred dollars per each pack of cigarettes sold or offered for sale, provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period.
(D) A manufacturer that is a corporation, partnership, sole proprietorship, limited partnership, or association who knowingly violates division (D) of section 3739.07 of the Revised Code is liable for a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each such violation, in addition to any other penalty prescribed by law.
(E) Any person who violates any provision of this chapter other than section 3739.02, division (B) of section 3739.05, and division (D) of section 3739.07 of the Revised Code, for a first offense is liable for a civil penalty not to exceed one thousand dollars for each violation and for a subsequent offense is liable for a civil penalty not to exceed five thousand dollars for each violation.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes
Section 3739.01 | Cigarette Ignition Propensity Standards Definitions.
Section 3739.02 | Cigarette Presale Testing Requirements.
Section 3739.03 | Laboratory Ignition Propensity Testing.
Section 3739.04 | Approval of Alternative Test Method.
Section 3739.05 | Manufacturer to Retain Copies of Test Reports.
Section 3739.06 | Mark of Compliance on Cigarette Package.
Section 3739.07 | Manufacturer's Certification of Compliance.
Section 3739.08 | Bands Indicating Lower Paper Permeability.
Section 3739.09 | Triannual Cigarette Recertification.
Section 3739.10 | Copy of Certification Provided to Dealers.
Section 3739.11 | Testing and Enforcement Powers of Fire Marshal.
Section 3739.12 | Exemption for Out-of-State Stamping or Packaging.
Section 3739.13 | Rules for Administration of Chapter.
Section 3739.14 | Evaluation of Chapter Effectiveness.
Section 3739.15 | Conflicting Local Laws Preempted.
Section 3739.16 | Preemption of Chapter by Federal Standards.
Section 3739.17 | Immunity for Acts in Compliance With Chapter.
Section 3739.18 | Manufacturer's Certification Fee - Enforcement and Prevention Funds.