Nevada Code § 477.202

Prohibited sale of cigarettes; civil penalties; seizure of cigarettes; petition for injunctive relief; recovery of costs and damages. [Effective until the date upon which a federal law establishing standards for fire-safe cigarettes becomes effective.]
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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 attorneys 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 .

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