California Health and Safety Code 14955 – (a) A manufacturer or any other person or entity that knowingly …
(a) A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this part is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each sale.
(b) A retailer, distributor, or wholesaler that knowingly sells or offers to sell cigarettes in violation of this part shall be subject to the following:
Terms Used In California Health and Safety Code 14955
- Cigarette: means a cigarette as defined in §. See California Health and Safety Code 14950
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the California Department of Tax and Fee Administration. See California Health and Safety Code 14950
- Distributor: means a distributor as defined in §. See California Health and Safety Code 14950
- Manufacturer: means any of the following:
California Health and Safety Code 14950
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Retailer: means a person who engages in the sale of cigarettes, but not for the purpose of resale. See California Health and Safety Code 14950
- sell: means any transfer, exchange, or barter, in any manner or by any means whatever, or any agreement for these purposes. See California Health and Safety Code 14950
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Wholesaler: means a wholesaler as defined in §. See California Health and Safety Code 14950
(1) A civil penalty not to exceed five hundred dollars ($500) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale does not exceed 50 packages of cigarettes.
(2) A civil penalty not to exceed one thousand dollars ($1,000) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale exceeds 50 packages of cigarettes.
(c) The civil penalties imposed pursuant to subdivisions (a) and (b) shall be deposited in the Cigarette Fire Safety and Firefighter Protection Fund.
(d) In addition to any other 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 Section 14953 is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each false certification.
(e) A person who violates any other provision in this part is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Section 14952 shall be deemed contraband per se and subject to seizure and disposal by the department or a law enforcement agency.
(f) The Attorney General may bring an action on behalf of the people of the state to restrain further violations of this part and for any other relief that may be appropriate. In any action by the Attorney General to enforce this act, the Attorney General shall be entitled to recover costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees.
(g) It is a defense in any action for civil penalties that a distributor, wholesaler, retailer, or a person in the stream of commerce relied in good faith on the manufacturer’s certificate or marking that the cigarettes comply with this part.
(Amended by Stats. 2019, Ch. 497, Sec. 158. (AB 991) Effective January 1, 2020.)