Sec. 401. Increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products
382 words·~2 min read·
/bill/116/hr/2339/rfs/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subparagraph
(A)of section 103(q)(2) of the Family Smoking Prevention and Tobacco Control Act ( 21 U.S.C. 333 note) is amended to read as follows: The amount of the civil penalty to be applied for violations of restrictions promulgated under section 906(d), as described in paragraph (1), shall be as follows: With respect to a retailer with an approved training program, the amount of the civil penalty shall not exceed— in the case of the first violation, $0, together with the issuance of a warning letter to the retailer; in the case of a second violation within a 12-month period, $500; in the case of a third violation within a 24-month period, $1,000; in the case of a fourth violation within a 24-month period, $4,000; in the case of a fifth violation within a 36-month period, $10,000; and in the case of a sixth or subsequent violation within a 48-month period, $20,000 as determined by the Secretary on a case-by-case basis. With respect to a retailer that does not have an approved training program, the amount of the civil penalty shall not exceed— in the case of the first violation, $500; in the case of a second violation within a 12-month period, $1,000; in the case of a third violation within a 24-month period, $2,000; in the case of a fourth violation within a 24-month period, $4,000; in the case of a fifth violation within a 36-month period, $10,000; and in the case of a sixth or subsequent violation within a 48-month period, $20,000 as determined by the Secretary on a case-by-case basis. . The amendment made by subsection
(a)applies with respect to a violation of a restriction promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387f(d)(1) ), as described in section 103(q)(1) of the Family Smoking Prevention and Tobacco Control Act ( 21 U.S.C. 333 note), occurring on or after the day that is 6 months after the date of enactment of this Act. The penalties specified in section 103(q)(2)(A) of the Family Smoking Prevention and Tobacco Control Act ( 21 U.S.C. 333 note), as in effect on the day before the date of enactment of this Act, shall continue to apply to violations occurring before the day specified in the preceding sentence.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 401
Increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products
Cites 2Cited by 0 across 0 sources