34-49-11. Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.A retailer who knowingly sells or offers to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any retailer exceed twenty-five thousand dollars for such sales or offers to sell during any thirty-day period. Beginning on January 1, 2011, a retailer who sells or offers to sell cigarettes that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, §11, eff. Jan. 1, 2011.
South Dakota Legal Code