Utah Code 59-14-211. Penalties for dealing with prohibited cigarettes — Private right of action
Current as of: 2024 | Check for updates
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(1) A person, regardless of whether the person is a licensee under Section 59-14-202 , is guilty of a class B misdemeanor for each instance in which the person knowingly or with reason to know:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 59-14-211
- Cigarette: means a roll made wholly or in part of tobacco:(2)(a) regardless of:(2)(a)(i) the size of the roll;(2)(a)(ii) the shape of the roll;(2)(a)(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or(2)(a)(iv) whether the tobacco is heated or burned; and(2)(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102
- Consumer: means a person that is not required:(5)(c) to obtain a license under Section 59-14-803. See Utah Code 59-14-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Importer: means a person that imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution. See Utah Code 59-14-102
- manufacturer: means a person that:(13)(a)(i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or(13)(a)(ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product. See Utah Code 59-14-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Retailer: means a person that:(22)(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or(22)(b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state. See Utah Code 59-14-102
- Stamp: means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205. See Utah Code 59-14-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) sells or distributes cigarettes described under Section 59-14-210 ;
(1)(b) acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes:
(1)(b)(i) described under Section 59-14-210 ; and
(1)(b)(ii) intended for distribution or sale in the state;
(1)(c) alters the package of any cigarettes prior to their sale or distribution to the ultimate consumer to remove, conceal, or obscure a notice, warning label, or other package information described in Subsection 59-14-210(1)(a) ; or
(1)(d) affixes a stamp used to pay the tax imposed under Section 59-14-204 , Part 3, Tobacco Products , or Part 4, Cigarettes and Tobacco Products , to a package or container of cigarettes:
(1)(d)(i) described under Section 59-14-210 ;
(1)(d)(ii) known by the person affixing the stamp to be altered as described under Subsection (1)(c) ; or
(1)(d)(iii) in violation of Section 59-14-604 .
(2) If a person knowingly or with reason to know commits an act described in Subsections (1)(a) through (d) , the commission shall:
(2)(a) suspend or revoke a license issued to the person under Section 59-14-202 ; and
(2)(b) regardless of whether the person is licensed under Section 59-14-202 , impose a civil penalty in an amount not to exceed the greater of:
(2)(b)(i) 500% of the retail value of the cigarettes; or
(2)(b)(ii) $5,000.
(3) Any person whose commercial interests have been adversely affected as a result of a violation of this section may bring an action for injunctive relief, damages, or both.
(4)
(4)(a) The sale or possession for sale of counterfeit cigarettes by a manufacturer, importer, distributor, or retailer is punishable by a court of law as follows:
(4)(a)(i) a first violation involving a total quantity of less than 100 cartons of cigarettes is punishable by a fine in an amount the greater of $500 or five times the retail value of the cigarettes;
(4)(a)(ii) a subsequent violation involving a total quantity of less than 100 cartons of cigarettes is punishable by:
(4)(a)(ii)(A) the greater of a fine of $2,000 or five times the retail value of the cigarettes;
(4)(a)(ii)(B) imprisonment not to exceed one year; or
(4)(a)(ii)(C) both imprisonment and a fine imposed by this Subsection (4)(a)(ii) ; and
(4)(a)(ii)(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to two years;
(4)(a)(iii) a first violation involving a total quantity of 100 cartons of cigarettes or more is punishable by:
(4)(a)(iii)(A) the greater of a fine of $2,500 or five times the retail value of the cigarettes;
(4)(a)(iii)(B) imprisonment not to exceed five years; or
(4)(a)(iii)(C) both the fine and imprisonment imposed by this Subsection (4)(a)(iii) ;
(4)(a)(iv) a second violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
(4)(a)(iv)(A) the greater of a fine of $10,000 or five times the retail value of the cigarettes;
(4)(a)(iv)(B) imprisonment not to exceed five years; or
(4)(a)(iv)(C) both the fine and imprisonment imposed by this Subsection (4)(a)(iv) ; and
(4)(a)(iv)(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and
(4)(a)(v) a third and subsequent violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
(4)(a)(v)(A) the greater of a fine of $25,000 or five times the retail value of the cigarettes;
(4)(a)(v)(B) imprisonment not to exceed five years; or
(4)(a)(v)(C) both the fine and imprisonment imposed by this Subsection (4)(a)(v) ; and
(4)(a)(v)(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and
(4)(b) any counterfeit cigarette seized by the commission shall be destroyed.