ROBERT L. EHRLICH, JR., Governor                            S.B. 603

(2) ALL CIGARETTES SEIZED AND FORFEITED MAY NOT BE RESOLD AND
SHALL BE DESTROYED.

(C)     (1) THE ATTORNEY GENERAL, ON BEHALF OF THE COMPTROLLER, MAY
SEEK AN INJUNCTION TO RESTRAIN A THREATENED OR ACTUAL VIOLATION OF §
16-504(C), § 16-506(A) OR § 16-506(D) OF THIS SUBTITLE BY A LICENSED WHOLESALER
AND COMPEL THE LICENSED WHOLESALER TO COMPLY WITH SUCH THOSE
SECTIONS.

(2) IN ANY ACTION BROUGHT UNDER THIS SECTION, THE STATE SHALL
BE ENTITLED TO RECOVER THE COSTS OF INVESTIGATION, COSTS OF THE ACTION,
AND REASONABLE ATTORNEYS FEES.

(D)     A PERSON WHO SELLS, DISTRIBUTES, ACQUIRES, HOLDS, OWNS,
POSSESSES, TRANSPORTS, IMPORTS, OR CAUSES TO BE IMPORTED, CIGARETTES
THAT THE PERSON KNOWS OR SHOULD KNOW ARE INTENDED FOR DISTRIBUTION OR
SALE IN THE STATE IN VIOLATION OF § 16-504(C) OF THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR, AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

16-508.

(A)     A DETERMINATION OF BY THE COMPTROLLER ATTORNEY GENERAL TO
OMIT OR TO DELETE FROM THE DIRECTORY DESCRIBED IN § 16-504 OF THIS
SUBTITLE A BRAND FAMILY OR TOBACCO PRODUCT MANUFACTURER SHALL BE
SUBJECT TO REVIEW IN THE MANNER PRESCRIBED BY ACCORDANCE WITH TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(B)     THE ATTORNEY GENERAL AND THE COMPTROLLER MAY ADOPT
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SUBTITLE.

(C)     IN ANY ACTION BROUGHT BY THE STATE TO ENFORCE THIS SUBTITLE,
THE STATE SHALL BE ENTITLED TO RECOVER THE COSTS OF INVESTIGATION,
EXPERT WITNESS FEES, COSTS OF THE ACTION, AND REASONABLE ATTORNEYS
FEES.

(D)     (1) IF A COURT DETERMINES THAT A PERSON HAS VIOLATED THIS
SUBTITLE, THE COURT SHALL ORDER ANY PROFITS, GAIN, GROSS RECEIPTS, OR
OTHER BENEFIT FROM THE VIOLATION TO BE PAID TO THE STATE TREASURER FOR
DEPOSIT INTO THE CIGARETTE RESTITUTION FUND ESTABLISHED UNDER § 7-317 OF
THE STATE FINANCE AND PROCUREMENT ARTICLE.

(2) UNLESS OTHERWISE EXPRESSLY PROVIDED, THE REMEDIES OR
PENALTIES PROVIDED BY THIS SUBTITLE ARE CUMULATIVE TO EACH OTHER, AND TO
THE REMEDIES OR PENALTIES AVAILABLE UNDER ALL OTHER LAWS OF THIS STATE.

Article - State Finance and Procurement

7-317.

(g) (1) Amounts may only be expended from the Fund through
appropriations in the State budget bill as provided in this subsection.

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