{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-326.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-326.6","heading":"Violation of act – Penalties – Forfeiture – Action by","body":"Fire Marshal or Attorney General.\n\nA. A manufacturer, wholesale dealer, agent or any other person\n\nor entity who knowingly sells or offers to sell cigarettes, other\n\nthan through retail sale, in violation of Section 3 of this act,\n\nshall be subject to a civil penalty not to exceed Five Hundred\n\nDollars ($500.00) for each pack of such cigarettes sold or offered\n\nfor sale; provided, that in no case shall the penalty against any\n\nsuch person or entity exceed One Hundred Thousand Dollars\n\n($100,000.00) during any thirty-day period.\n\nB. A retail dealer who knowingly sells or offers to sell\n\ncigarettes in violation of Section 3 of this act shall be subject to\n\na civil penalty not to exceed Five Hundred Dollars ($500.00) for\n\neach pack of such cigarettes sold or offered for sale; provided,\n\nthat in no case shall the penalty against any retail dealer exceed\n\nTwenty-five Thousand Dollars ($25,000.00) for sales or offers to\n\nsell during any thirty-day period.\n\nC. In addition to any penalty prescribed by law, any\n\ncorporation, partnership, sole proprietor, limited partnership or\n\nassociation engaged in the manufacture of cigarettes that knowingly\n\nmakes a false certification pursuant to Section 4 of this act shall\n\nbe subject to a civil penalty of at least Seventy-five Thousand\n\nDollars ($75,000.00) and not to exceed Two Hundred Fifty Thousand\n\nDollars ($250,000.00) for each such false certification.\n\nD. Any person violating any other provision in this act shall\n\nbe subject to a civil penalty for a first offense not to exceed One\n\nThousand Dollars ($1,000.00), and for a subsequent offense subject\n\nto a civil penalty not to exceed Five Thousand Dollars ($5,000.00)\n\nfor each such violation.\n\nE. Any cigarettes that have been sold or offered for sale that\n\ndo not comply with the performance standard required by Section 3 of\n\nthis act shall be considered contraband and subject to forfeiture.\n\nCigarettes forfeited pursuant to this section shall be destroyed;\n\nprovided, however, that prior to the destruction of any cigarette\n\nforfeited pursuant to these provisions, the true holder of the\n\ntrademark rights in the cigarette brand shall be permitted to\n\ninspect the cigarette.\n\nF. In addition to any other remedy provided by law, the State\n\nFire Marshal or Attorney General may file an action in the court of\n\ncompetent jurisdiction for a violation of this act, including\n\npetitioning for injunctive relief or to recover any costs or damages\n\nsuffered by the state because of a violation of this act, including\n\nenforcement costs relating to the specific violation and attorney\n\nfees. Each violation of this act or of rules adopted under this act\n\nconstitutes a separate civil violation for which the State Fire\n\nMarshal or Attorney General may obtain relief.\n\nG. Whenever any law enforcement personnel or duly authorized\n\nrepresentative of the State Fire Marshal shall discover any\n\ncigarettes that have not been marked in the manner required by\n\nSection 5 of this act, such personnel are hereby authorized and\n\nempowered to seize and take possession of such cigarettes. Such\n\ncigarettes shall be turned over to the Tax Commission, and shall be\n\nforfeited to the state. Cigarettes seized pursuant to this section\n\nshall be destroyed; provided, however, that prior to the destruction\n\nof any cigarette seized pursuant to these provisions, the true\n\nholder of the trademark rights in the cigarette brand shall be\n\npermitted to inspect the cigarette.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b3e971ecb76d4a6905cb703c085ec995c569528bcda2dc5d6a4a17fb45b80f11","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-326.5","next":"us-ok/okla.-stat.-tit.-74-74-326.7"},"notice":"GroundRules: Original legal text. Not legal advice."}