{"data":{"id":"us-ut/utah-code-53-7-406","jurisdiction":"us-ut","citation":"Utah Code § 53-7-406","heading":"Penalties.","body":"(1)\n(a) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 53-7-403:\n(i) for a first offense shall be liable for a civil penalty not to exceed $10,000 per each sale of cigarettes; and\n(ii) for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 per each sale of such cigarettes.\n(b) A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any 30-day period against any one entity described in Subsection (1).\n(2)\n(a) Except as provided in Subsection (2)(b), a retail dealer who knowingly sells cigarettes in violation of Section 53-7-403 shall:\n(i) for a first offense for each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale:\n(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500 for each sale or offer of sale; and\n(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 for each sale or offer of sale; and\n(ii) for a subsequent offense, if the total number of cigarettes sold or offered for sale:\n(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000 for each sale or offer of sale; and\n(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 for each sale or offer of sale.\n(b) A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed $25,000 during a 30-day period.\n(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 53-7-404 shall, for each false certification:\n(a) for a first offense, be liable for a civil penalty of at least $75,000; and\n(b) for a subsequent offense, be liable for a civil penalty not to exceed $250,000.\n(4) Any person violating any other provision in this part shall be liable for a civil penalty for each violation:\n(a) for a first offense, not to exceed $1,000; and\n(b) for a subsequent offense, not to exceed $5,000.\n(5)\n(a) In addition to any other remedy provided by law, the state fire marshal or attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for a violation of this part, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this part, including enforcement costs relating to the specific violation and attorney fees.\n(b) Each violation of this part or of rules or regulations adopted under this part constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.","path":["Title 53 Public Safety Code","Chapter 53-7 Utah Fire Prevention and Safety Act","Part 53-7-4 The Reduced Cigarette Ignition Propensity and Firefighter Protection Act"],"source_url":"https://le.utah.gov/xcode/Title53/Chapter7/53-7-S406.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"faf03c089257b26804d8ffee3e2a18a5c932cc46d911c26dd43c18360534dee8","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53-7-405","next":"us-ut/utah-code-53-7-407"},"notice":"GroundRules: Original legal text. Not legal advice."}