New Hampshire Revised Statutes 541-D:6 – Penalties and Other Remedies
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I. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that any person has violated N.H. Rev. Stat. § 541-D:3, III or any rule adopted pursuant thereto, the commissioner may revoke or suspend the license of any stamping agent in the manner provided by N.H. Rev. Stat. § 78:20. Each stamp affixed and each offer to sell cigarettes in violation of N.H. Rev. Stat. § 541-D:3, III shall constitute a separate violation. For each violation hereof, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold or $5,000 upon a determination of violation of N.H. Rev. Stat. § 541-D:3, III or any rules adopted pursuant thereto. Such penalty shall be imposed in the manner provided by N.H. Rev. Stat. Chapter 78 or RSA 21-J.
II. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state, in violation of N.H. Rev. Stat. § 541-D:3, III shall be deemed contraband under N.H. Rev. Stat. § 78:18 and such cigarettes shall be subject to seizure and forfeiture as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
III. The attorney general, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of N.H. Rev. Stat. § 541-D:3, III, 541-D:5, I, or 541-D:5, IV, by a stamping agent and to compel the stamping agent to comply with such provisions. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney’s fees.
II. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state, in violation of N.H. Rev. Stat. § 541-D:3, III shall be deemed contraband under N.H. Rev. Stat. § 78:18 and such cigarettes shall be subject to seizure and forfeiture as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
Terms Used In New Hampshire Revised Statutes 541-D:6
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The attorney general, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of N.H. Rev. Stat. § 541-D:3, III, 541-D:5, I, or 541-D:5, IV, by a stamping agent and to compel the stamping agent to comply with such provisions. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney’s fees.