TITLE 39

HEALTH AND SAFETY

CHAPTER 84

TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT

39-8424.  VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION.  (1)  Any person who violates any provision of this act, or any certification provided by the attorney general, is subject to the imposition of a civil penalty by the district court in the amount set forth in section 39-8406(1), Idaho Code. The attorney general and the district courts shall have the same authority in enforcing and carrying out the provisions of this section as is granted the attorney general and district courts under sections 39-8406 and 39-8407, Idaho Code, of the Idaho tobacco master settlement agreement complementary act.

(2)  In addition to the authority set forth in subsection (1) of this section:

(a)  The district court shall have the authority to revoke the cigarette rolling machine operator’s permit issued by the department of health and welfare, pursuant to chapter 57, title 39, Idaho Code, for a period of at least three (3) months but up to one (1) year.

(b)  (i)   The attorney general may suspend or revoke a cigarette rolling machine operator’s certification for violation of any provisions of this act or the operator’s certification or any rule adopted by the attorney general pursuant to this act.

(ii)  A determination by the attorney general to deny a certification application or to suspend or revoke a cigarette rolling machine operator’s certification shall be subject to review in the manner prescribed by Idaho’s administrative procedure act, chapter 52, title 67, Idaho Code. In instances where a certification is suspended or revoked, the cigarette rolling machine operator may not thereafter use or make the machine available for use and shall have ten (10) days after receiving actual notice that its certification has been suspended or revoked to remove the machine from the operator’s commercial premises. If the operator fails to remove the cigarette rolling machine within this time period, the machine shall be deemed contraband and subject to seizure and forfeiture. During the period in which the operator’s certification has been suspended or revoked, the operator may store the machine at a storage site as long as the machine is not used by or available to persons for use to manufacture cigarettes.

(3)  No person who manufactures a cigarette using a cigarette rolling machine shall sell or offer that cigarette for sale in this state. This prohibition shall not apply to any person holding a federal license as a cigarette manufacturer.

(4)  Unless expressly provided, the remedies or penalties provided by this act are cumulative to each other and to the remedies or penalties available under all other laws of this state.

History:

[39-8424, added 2012, ch. 206, sec. 5, p. 550; am. 2020, ch. 318, sec. 20, p. 916.]