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§ 5702.307. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 12, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 27F. Tobacco Product Manufacturer Directory Act
Chapter 3. Tobacco Product Manufacturers Directory
Effective: April 12, 2004
35 P.S. § 5702.307
§ 5702.307. Penalties
(a) License sanctions.--In addition to or in lieu of any other civil or criminal penalty, if the department determines that a cigarette stamping agent has violated section 302,1 the department may revoke or suspend the license of the agent. The department may also assess a civil penalty in an amount not to exceed 500% of the retail value of the cigarettes sold. An appeal from a determination by the department shall be conducted in accordance with section 207-A of the act of April 9, 1929 (P.L. 343, No. 176),2 known as The Fiscal Code.
(b) Contraband.--Any cigarettes that have been sold, offered for sale or possessed for sale in this Commonwealth in violation of section 302 shall be deemed to be contraband and shall be subject to seizure and forfeiture.
(c) Equitable relief.--The Attorney General may seek injunctive relief or other order to prevent a threatened or actual violation of or to ensure compliance by a cigarette stamping agent with section 302 or 306.3
(d) Grading.--A violation of section 302 is a misdemeanor of the third degree.
(e) Separate offenses.--Each stamp affixed and each offer to sell cigarettes in violation of section 302 shall constitute a separate offense.

Credits

2003, Dec. 30, P.L. 441, No. 64, § 307, effective April 12, 2004.

Footnotes

35 P.S. § 5702.302.
72 P.S. § 207-A.
35 P.S. §§ 5702.302, 5702.306.
35 P.S. § 5702.307, PA ST 35 P.S. § 5702.307
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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