Sec. 1. (a) If a manufacturer, distributor, or retailer violates this article, the manufacturer, distributor, or retailer may be reprimanded, assessed a civil penalty, or have the manufacturer’s permit, distributor’s license, or retailer’s tobacco sales certificate suspended.

     (b) Any provision in this article that requires a manufacturer to comply with the federal Food, Drug, and Cosmetic Act or a federal rule promulgated under the federal Food, Drug, and Cosmetic Act is under the sole jurisdiction of the federal Food and Drug Administration. If the federal Food and Drug Administration seeks court enforcement of any section of the federal Food, Drug, and Cosmetic Act cited in this article and a civil monetary penalty is assessed against the manufacturer, the act or omission for which the penalty was assessed constitutes a violation of this article.

     (c) The commission may assess a civil penalty against a manufacturer, distributor, or retailer for a violation of this article in an amount that does not exceed ten thousand dollars ($10,000). A civil penalty may be assessed in addition to other penalties allowed under this article.

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.31.