OAR 837-035-0320
Civil Penalties
(1)
The OSFM may impose civil penalties in accordance with ORS 183.745 (Civil penalty procedures) for any violation of ORS 476.760 (Prohibition against distributing or offering certain cigarettes) through 476.806 (Cigarette Fire Safety Fund), or OAR 837-035-0000 (Purpose and Scope) through 837-035-0340 (Procedures, Hearings and Judicial Review). Refer to the following penalty matrix for penalties established by ORS 476.995 (Penalty for violation of ORS 476.760):(a)
Distributing or offering to sell non-compliant cigarettes to a wholesale or retail dealer: $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater;(b)
Distributing or offering to sell not more than 1,000 non-compliant cigarettes to consumers: $500;(c)
Distributing or offering to sell more than 1,000 non-compliant cigarettes to consumers: $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.(2)
Each day a person distributes or offers to sell cigarettes after being notified by the OSFM that the distribution or offer to sell cigarettes is in violation of ORS 476.760 (Prohibition against distributing or offering certain cigarettes), constitutes a separate violation and subjects the person to additional civil penalties.(3)
All monies collected from civil penalties are to be deposited to the Cigarette Fire Safety Fund of the OSFM.
Source:
Rule 837-035-0320 — Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-035-0320.