2016 South Dakota Codified Laws
Title 34 - PUBLIC HEALTH AND SAFETY
Chapter 49 - Cigarette Fire Safety Standards
§ 34-49-15 Injunctive relief, costs and damages--Separate civil violations.
34-49-15. (Section effective January 1, 2011) Injunctive relief, costs and damages--Separate civil violations. In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:
(1) Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;
(2) Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.
Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
Source: SL 2009, ch 172, ยง 15, eff. Jan. 1, 2011.
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