477.202 - Prohibited sale of cigarettes; civil penalties; seizure of cigarettes; petition for injunctive relief; recovery of costs and damages. [Effective June 3, 2010, and expires by limitation on th
477.202 Prohibited sale of cigarettes; civil penalties; seizure of cigarettes; petition for injunctive relief; recovery of costs and damages. [Effective June 3, 2010, and expires by limitation on the date upon which a federal law establishing standards for fire-safe cigarettes becomes effective.]
1. Any manufacturer, wholesale dealer, agent or other person that knowingly sells cigarettes in this State, other than through retail sale, in violation of NRS 477.192 is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the person must not exceed $100,000 during any 30-day period.
2. A retail dealer that knowingly sells cigarettes in this State in violation of NRS 477.192 is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the retail dealer must not exceed $25,000 during any 30-day period.
3. In addition to any other penalty prescribed by law, any manufacturer of cigarettes that knowingly makes a false certification pursuant to NRS 477.194 is subject to a civil penalty of not less than $75,000 or more than $250,000 for each false certification.
4. A person who violates any other provision of NRS 477.172 to 477.214, inclusive, is subject to a civil penalty of not more than $1,000 for the first offense and not more than $5,000 for each subsequent offense.
5. A law enforcement officer, authorized representative of the Department of Taxation or authorized representative of the State Fire Marshal who discovers any cigarettes for sale in this State for which no certification has been submitted pursuant to NRS 477.194 or which are not marked pursuant to NRS 477.198 may seize the cigarettes. Cigarettes seized pursuant to this section must be destroyed after the true holder of the trademark rights in the cigarette brand is allowed to inspect the cigarettes.
6. Each violation of any provision of NRS 477.172 to 477.214, inclusive, or any regulation adopted pursuant thereto constitutes a separate civil violation for which the State Fire Marshal or the Attorney General may obtain relief. In addition to any other remedy provided by law, the Attorney General may file an action in a court of competent jurisdiction concerning a violation of any provision of NRS 477.172 to 477.214, inclusive, or any regulation adopted pursuant thereto, including, without limitation, petitioning for:
(a) Preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent or other person to enjoin the person from selling or affixing Nevada cigarette revenue stamps to any package of cigarettes that contains cigarettes which do not comply with the requirements of NRS 477.172 to 477.214, inclusive. Upon obtaining judgment for injunctive relief, the State Fire Marshal or Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to whom the cigarette has been sold.
(b) The recovery of any civil penalty authorized by the provisions of NRS 477.172 to 477.214, inclusive.
(c) The recovery of any costs or damages incurred by this State because of a violation of NRS 477.172 to 477.214, inclusive, including, without limitation, enforcement costs relating to a specific violation and attorney’s fees.
7. All money collected pursuant to this section must be deposited in the Cigarette Fire Safety Standard and Firefighter Protection Fund created by NRS 477.210.
(Added to NRS by 2009, 2437, effective June 3, 2010)