34-49-15. Injunctive relief, costs and damages--Separate civil violations.
In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:
(1)Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;
(2)Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.
Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
Source: SL 2009, ch 172, ยง15, 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.