OAR 837-035-0320: Civil Penalties

(1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of ORS 476.760 through 476.806, or OAR 837-035-0000 through 837-035-0340. Refer to the following penalty matrix for penalties established by ORS 476.995: (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, 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.