{"data":{"id":"us-ut/utah-code-59-14-211","jurisdiction":"us-ut","citation":"Utah Code § 59-14-211","heading":"Penalties for dealing with prohibited cigarettes -- Private right of action.","body":"(1) A person, regardless of whether the person is a licensee under Section 59-14-202, is guilty of a class B misdemeanor for each instance in which the person knowingly or with reason to know:\n(a) sells or distributes cigarettes described under Section 59-14-210;\n(b) acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes:\n(i) described under Section 59-14-210; and\n(ii) intended for distribution or sale in the state;\n(c) alters the package of any cigarettes prior to their sale or distribution to the ultimate consumer to remove, conceal, or obscure a notice, warning label, or other package information described in Subsection 59-14-210(1)(a); or\n(d) affixes a stamp used to pay the tax imposed under Section 59-14-204, Part 3, Tobacco Products, or Part 4, Cigarettes and Tobacco Products, to a package or container of cigarettes:\n(i) described under Section 59-14-210;\n(ii) known by the person affixing the stamp to be altered as described under Subsection (1)(c); or\n(iii) in violation of Section 59-14-604.\n(2) If a person knowingly or with reason to know commits an act described in Subsections (1)(a) through (d), the commission shall:\n(a) suspend or revoke a license issued to the person under Section 59-14-202; and\n(b) regardless of whether the person is licensed under Section 59-14-202, impose a civil penalty in an amount not to exceed the greater of:\n(i) 500% of the retail value of the cigarettes; or\n(ii) $5,000.\n(3) Any person whose commercial interests have been adversely affected as a result of a violation of this section may bring an action for injunctive relief, damages, or both.\n(4)\n(a) The sale or possession for sale of counterfeit cigarettes by a manufacturer, importer, distributor, or retailer is punishable by a court of law as follows:\n(i) a first violation involving a total quantity of less than 100 cartons of cigarettes is punishable by a fine in an amount the greater of $500 or five times the retail value of the cigarettes;\n(ii) a subsequent violation involving a total quantity of less than 100 cartons of cigarettes is punishable by:\n(A) the greater of a fine of $2,000 or five times the retail value of the cigarettes;\n(B) imprisonment not to exceed one year; or\n(C) both imprisonment and a fine imposed by this Subsection (4)(a)(ii); and\n(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to two years;\n(iii) a first violation involving a total quantity of 100 cartons of cigarettes or more is punishable by:\n(A) the greater of a fine of $2,500 or five times the retail value of the cigarettes;\n(B) imprisonment not to exceed five years; or\n(C) both the fine and imprisonment imposed by this Subsection (4)(a)(iii);\n(iv) a second violation involving a quantity of 100 cartons of cigarettes or more is punishable by:\n(A) the greater of a fine of $10,000 or five times the retail value of the cigarettes;\n(B) imprisonment not to exceed five years; or\n(C) both the fine and imprisonment imposed by this Subsection (4)(a)(iv); and\n(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and\n(v) a third and subsequent violation involving a quantity of 100 cartons of cigarettes or more is punishable by:\n(A) the greater of a fine of $25,000 or five times the retail value of the cigarettes;\n(B) imprisonment not to exceed five years; or\n(C) both the fine and imprisonment imposed by this Subsection (4)(a)(v); and\n(D) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and\n(b) any counterfeit cigarette seized by the commission shall be destroyed.","path":["Title 59 Revenue and Taxation","Chapter 59-14 Cigarette and Tobacco Tax and Licensing Act","Part 59-14-2 Cigarettes"],"source_url":"https://le.utah.gov/xcode/Title59/Chapter14/59-14-S211.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d5ad4274a60913bced2e4caf7fa963c8ea42baa3fe48fe6aec0304e23602811d","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-59-14-210","next":"us-ut/utah-code-59-14-212"},"notice":"GroundRules: Original legal text. Not legal advice."}