34-49-14. Seizure of cigarettes lacking certification or marking--Notice prior to destruction.
If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by §34-49-8 or that have not been marked as required by §34-49-9, such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive.
Source: SL 2009, ch 172, §14, 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.