TITLE 39

HEALTH AND SAFETY

CHAPTER 84

TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT

39-8407.  Miscellaneous provisions. (1) A determination of the attorney general to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Idaho’s administrative procedure act.

(2)  No person shall be issued a license or granted a renewal of a license to act as a stamping agent unless such person has certified, in writing, that such person will comply fully with this chapter.

(3)  For the year 2003, the first report of stamping agents required by section 39-8405(1), Idaho Code, shall be due thirty (30) calendar days after the effective date of this chapter; the certifications by a tobacco product manufacturer described in section 39-8403(1), Idaho Code, shall be due forty-five (45) days after such effective date; and the directory described in section 39-8403(2), Idaho Code, shall be published or made available within ninety (90) calendar days after such effective date.

(4)  The commission and the attorney general may promulgate rules necessary to effect the purposes of this chapter.

(5)  In any action brought by the attorney general to enforce this chapter, the attorney general shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney’s fees.

(6)  If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(7)  If a court of competent jurisdiction finds that the provisions of this chapter and of the Idaho tobacco master settlement agreement act conflict and cannot be harmonized, then such provisions of the Idaho tobacco master settlement agreement act, chapter 78, title 39, Idaho Code, shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes the Idaho tobacco master settlement agreement act to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.

History:

[39-8407, added 2003, ch. 33, sec. 2, p. 151.]