Or. Admin. R. 837-035-0320

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-035-0320 - Civil Penalties

(1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of ORS 476.760 through 476.806, or OAR 837-035-0000 through 837-035-0340. Refer to the following penalty matrix for penalties established by ORS 476.995:

(a) Distributing or offering to sell non-compliant 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;

(b) Distributing or offering to sell not more than 1,000 non-compliant cigarettes to consumers: $500;

(c) Distributing or offering to sell more than 1,000 non-compliant cigarettes to consumers: $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.

(2) Each day a person distributes or offers to sell cigarettes after being notified by the OSFM that the distribution or offer to sell cigarettes is in violation of ORS 476.760, constitutes a separate violation and subjects the person to additional civil penalties.

(3) All monies collected from civil penalties are to be deposited to the Cigarette Fire Safety Fund of the OSFM.

Or. Admin. R. 837-035-0320

OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07

Stat. Auth.: ORS 476

Stats. Implemented: ORS 476.755 - 476.806 & 476.995