TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 400 FIRE SAFETY STANDARDS FOR CIGARETTES
SECTION 400.90 PENALTIES


 

Section 400.90  Penalties

 

a)         Any manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells cigarettes wholesale in violation of Section 400.10(a)(3) shall be subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes.

 

b)         Any retail dealer who knowingly sells cigarettes in violation of Section 10 of the Act shall be subject to the following:

 

1)         a civil penalty not to exceed $500 for each sale or offer for sale of cigarettes, provided that the total number of cigarettes sold or offered for sale in that sale does not exceed 1,000 cigarettes;

 

2)         a civil penalty not to exceed $1,000 for each sale or offer for sale of the cigarettes, provided that the total number of cigarettes sold or offered for sale in that sale exceeds 1,000 cigarettes.

 

c)         In addition to any penalty prescribed by law, any corporation, partnership, sole proprietorship, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 30 of this Act shall be subject to a civil penalty not to exceed $10,000 for each false certification.

 

d)        Upon discovery by OSFM, the Department of Revenue, the Office of the Attorney General, or a law enforcement agency that any person offers, possesses for sale, or has made a sale of cigarettes in violation of Section 10 of the Act, OSFM, the Department of Revenue, the Office of the Attorney General, or the law enforcement agency may seize those cigarettes possessed in violation of the Act.  [425 ILCS 8/45]

 

e)         To enforce the provisions of the Act, the Attorney General may bring an action on behalf of the people of this State to enjoin acts in violation of the Act and to recover civil penalties authorized under Section 45 of the Act and this Part.  [425 ILCS 8/50]