(1) In addition to the seizure and destruction of cigarettes being made available for sale in violation of Section 75-101-7, the following penalties apply:(a) A retailer, distributor, wholesaler or importer who sells or offers for sale cigarettes in Mississippi which are not included in the directory is subject to a civil penalty in an amount not more than Five Hundred Dollars ($500.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.(b) For a second violation, whether involving the same or a different style of cigarettes in a brand family, by the same retailer, distributor, wholesaler or importer occurring within a period of twelve (12) months, the civil penalty must be an amount not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Dollars ($1,000.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.(c) For a third violation, whether involving the same or a different style of cigarettes in a brand family, by the same retailer, distributor, wholesaler or importer occurring within a period of twelve (12) months after the initial violation, the civil penalty must be an amount not less than One Thousand Dollars ($1,000.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.
(a) A retailer, distributor, wholesaler or importer who sells or offers for sale cigarettes in Mississippi which are not included in the directory is subject to a civil penalty in an amount not more than Five Hundred Dollars ($500.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.
(b) For a second violation, whether involving the same or a different style of cigarettes in a brand family, by the same retailer, distributor, wholesaler or importer occurring within a period of twelve (12) months, the civil penalty must be an amount not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Dollars ($1,000.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.
(c) For a third violation, whether involving the same or a different style of cigarettes in a brand family, by the same retailer, distributor, wholesaler or importer occurring within a period of twelve (12) months after the initial violation, the civil penalty must be an amount not less than One Thousand Dollars ($1,000.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.
(2) A manufacturer whose cigarettes are not listed in the directory and who causes the products that are not listed to be sold for retail sale in Mississippi, whether directly or through an importer, distributor, wholesaler, retailer or similar intermediary, is subject to a civil penalty of Ten Thousand Dollars ($10,000.00) per day for each style of cigarette in a brand family which is offered for sale in violation of this chapter until the offending product is removed from the market or properly listed on the directory.
(3) In an action to enforce this chapter, the state is entitled to recover costs, including the costs of investigation, expert witness fees and reasonable attorney fees.