{"data":{"id":"us-ky/krs-227.778","jurisdiction":"us-ky","citation":"KRS 227.778","heading":"Penalties.","body":"(1) A manufacturer, wholesale dealer, or any other person or entity who knowingly sells\nor offers to sell cigarettes, other than through retail sale, in violation of KRS\n227.772, for the first offense shall be liable for a civil penalty not to exceed ten\nthousand dollars ($10,000) per each sale of the cigarettes and, for a subsequent\noffense, be liable for a civil penalty not to exceed twenty -five thousand dollars\n($25,000) per each sale of the cigarettes, except that in no case shall the penalty\nagainst the pe rson or entity exceed one hundred thousand dollars ($100,000) for\neach thirty (30) day period.\n(2) A retailer who knowingly sells cigarettes in violation of KRS 227.772 shall:\n(a) For the first offense be liable for a civil penalty not to exceed five hundr ed\ndollars ($500) and, for a subsequent offense, be liable for a civil penalty not to\nexceed two thousand dollars ($2,000) per each sale or offer for sale of\ncigarettes, if the total number of cigarettes sold or offered for sale in the sale\ndoes not exceed one thousand (1,000) cigarettes; or\n(b) For the first offense be liable for a civil penalty not to exceed one thousand\ndollars ($1,000) and, for a subsequent offense, be liable for a civil penalty not\nto exceed five thousand dollars ($5,000) per each sale  or offer for sale of the\ncigarettes, if the total number of cigarettes sold or offered for sale in the sale\nexceeds one thousand (1,000) cigarettes, except that the penalty against any\nretailer shall not exceed twenty-five thousand dollars ($25,000) during a thirty\n(30) day period.\n(3) In addition to any penalty prescribed by law, any corporation, partnership, sole\nproprietor, limited partnership, or association engaged in the manufacture of\ncigarettes that knowingly makes a false certification pursuant to  KRS 227.774 shall\nfor the first offense be liable for a civil penalty not to exceed seventy -five thousand\ndollars ($75,000) and, for a subsequent offense, be liable for a civil penalty not to\nexceed two hundred fifty thousand dollars ($250,000) for each false certification.\n(4) Any other person violating any provision of KRS 227.770 to 227.784 shall be liable\nfor a civil penalty for a first offense not to exceed one thousand dollars ($1,000)\nand, for a subsequent offense, be liable for a civil penalty not to exceed five\nthousand dollars ($5,000) for each violation.\n(5) Any cigarettes that have been sold or offered for sale that do not comply with the\nperformance standard required by KRS 227.772 shall be subject to forfeiture in\naccordance with the provision s of KRS 138.165. Before the destruction of any\ncigarette seized pursuant to KRS 138.165, the true holder of the trademark rights in\nthe cigarette brand shall be permitted to inspect the cigarette.\n(6) In addition to any other remedy provided by law, the s tate fire marshal or Attorney\nGeneral may file an action in Circuit Court for a violation of KRS 227.770 to\n227.784, including petitioning for injunctive relief or to recover any costs or\ndamages suffered by the state because of a violation of KRS 227.770 to 227.784,\nincluding enforcement costs relating to the specific violation and attorney's fees.\nEach violation of KRS 227.770 to 227.784 or of administrative regulations\npromulgated under KRS 227.780 shall constitute a separate civil violation for which\nthe state fire marshal or Attorney General may obtain relief.","path":["KRS Chapter 227"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10709","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:44Z","sha256":"acd736ce83d7e46c8c55ed424d126c4c528abe5174fe6ce2435b13b354e4d5f2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-227.776","next":"us-ky/krs-227.780"},"notice":"GroundRules: Original legal text. Not legal advice."}