2016 Delaware Code
Title 29 - State Government
CHAPTER 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999
§ 6089. Miscellaneous provisions.

(a) Notice and review of determination. — A determination of the Attorney General to not include or to remove from the Directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Chapter 101 of this title.

(b) Applicants for licenses. — No person shall be issued a license or granted a renewal of a license to act as an affixing agent unless such person has certified in writing, under penalty of perjury, that such person will comply fully with this section.

(c) Dates. — For the year 2003, the first report of affixing agents required by § 6087(a) of this title shall be due Aug. 7, 2003; the certifications by a tobacco product manufacturer described in § 6085(a) of this title shall be due Aug. 22, 2003, and the Directory described in § 6085(b) of this title shall be published or made available by Oct. 6, 2003.

(d) Promulgation of regulations. — The Department may promulgate regulations necessary to effect the purposes of this chapter.

(e) Recovery of costs and fees by Attorney General. — In any action brought by the State to enforce this chapter, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.

(f) Disgorgement of profit of violations of chapter. — If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the Delaware Health Fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.

(g) Construction and severability. — If a court of competent jurisdiction finds that the provisions of this chapter and of chapter of this title conflict and cannot be harmonized, then such provisions of Chapter 60C of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes Chapter 60C of this title to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.

74 Del. Laws, c. 124, § 1.;