(1) Upon a determination that a distributor has violated ORS § 180.486, the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS § 323.535. Each offer to sell smokeless tobacco products in violation of ORS § 180.486 constitutes a separate violation.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) Upon a determination that a person applying for a license under ORS § 323.520 has violated ORS § 180.486 at any time within the five years preceding the application, the department may refuse to issue the license. The department shall provide opportunity for hearing and judicial review in the manner provided in ORS § 323.535.

(3)(a) Upon a determination that a person has violated ORS § 180.486 (1)(b) or (c), the department may impose a civil penalty in an amount not to exceed the greater of $5,000 or 500 percent of the retail value of the smokeless tobacco products sold, offered for sale or possessed for sale. Judicial review of an order imposing a civil penalty shall be as provided in ORS § 305.445 and 305.501.

(b) Upon a determination that a person has violated ORS § 180.486 (1)(a), the department may impose a civil penalty in an amount not to exceed $5,000. Judicial review of an order imposing a civil penalty shall be as provided in ORS § 305.445 and 305.501.

(4) The Attorney General may seek an injunction to restrain a threatened or actual violation of ORS § 180.483 or 180.486 by a distributor and to compel the distributor to comply with ORS § 180.483 and 180.486. In any action brought pursuant to this subsection, the state may recover the costs of investigation, the costs of the action and reasonable attorney fees.

(5) A person who violates ORS § 180.486 (1) engages in an unlawful practice in violation of ORS § 646.608. [2009 c.717 § 16]

(Training Programs)