2013 ORS § 476.995¹
Penalty for violation of ORS 476.760

The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (Prohibition against distributing or offering certain cigarettes) (1). The civil penalty may not exceed:

(1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.

(2) For a person that distributes or offers to sell cigarettes to consumers:

(a) For a distribution or offer of not more than 1,000 cigarettes, $500.

(b) For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.

(3) For a continuing violation of ORS 476.760 (Prohibition against distributing or offering certain cigarettes) (1), each day that a person distributes or offers to sell cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (Prohibition against distributing or offering certain cigarettes) (1) is a separate violation subject to civil penalty. For purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (Prohibition against distributing or offering certain cigarettes) (1) only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183. [2007 c.34 §3]

Note: See note under 476.755 (Definitions for ORS 476.755 to 476.790 and 476.995).

_______________