34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.
A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§34-49-2 to 34-49-7, inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive.
Source: SL 2009, ch 172, §10, eff. Jan. 1, 2011.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 49 - Cigarette Fire Safety Standards
Section 34-49-1 - Definition of terms.
Section 34-49-3 - Use of lowered permeability bands to meet performance standard--Requirements.
Section 34-49-4 - Alternative test method and performance standard.
Section 34-49-6 - Subsequent ASTM Standard Test Method.
Section 34-49-7 - Sale of cigarettes for purpose of consumer testing not prohibited.
Section 34-49-8 - Certification of testing and compliance with performance standard--Contents.
Section 34-49-9 - Cigarette package marking requirements.
Section 34-49-12 - Civil penalties for false certification by manufacturer.
Section 34-49-13 - Other civil penalties.
Section 34-49-15 - Injunctive relief, costs and damages--Separate civil violations.
Section 34-49-17 - Examination of books and records.
Section 34-49-18 - Cigarette fire safety standard act fund created.
Section 34-49-19 - Out-of-state sales permitted.
Section 34-49-20 - Certain sales of existing inventory on or after January 1, 2011 permitted.
Section 34-49-21 - Preemption of local laws, ordinances, and regulations.
Section 34-49-22 - Repeal upon express federal preemption.
Section 34-49-23 - Construction of chapter with law of other states.