2005 Connecticut Code - Sec. 4-28j. Cigarette manufacturers: Compliance with escrow requirements. Penalties.

      Sec. 4-28j. Cigarette manufacturers: Compliance with escrow requirements. Penalties. (a) Each tobacco product manufacturer that elects to place funds into escrow pursuant to section 4-28i shall annually certify to the Attorney General that it is in compliance with said section 4-28i.

      (b) The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under section 4-28i. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under section 4-28i shall (1) be required within fifteen days to place such funds into escrow as shall bring it into compliance with section 4-28i. The court, upon a finding of a violation of this subsection, may impose a civil penalty in an amount not to exceed five per cent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred per cent of the original amount improperly withheld from escrow; (2) in the case of a knowing violation, be required within fifteen days to place such funds into escrow as shall bring it into compliance with section 4-28i. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty in an amount not to exceed fifteen per cent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred per cent of the original amount improperly withheld from escrow; and (3) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state, whether directly or through a distributor, dealer or similar intermediary, for a period not to exceed two years. All costs, fees and expenses in connection with such action shall be assessed as damages against the tobacco product manufacturer together with reasonable attorney's fees.

      (c) Each failure to make an annual deposit required under section 4-28i shall constitute a separate violation.

      (P.A. 00-208, S. 3, 4; May 9 Sp. Sess. P.A. 02-7, S. 101.)

      History: P.A. 00-208 effective July 1, 2000; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to provide that costs and fees may be assessed as damages in actions brought under section.