123STA T . 1 8 3 6PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (9)CIV I LMONETARYP ENALTIE SF OR V IOLATION OF T O B A C CO PRO DU CT R E Q UIRE M ENTS .— ‘‘( A ) I N G ENERAL.— Subject t os ub par a g rap h ( B ) , a ny person w ho vi o l ates a re q uire m ent o f this Act which relates to tobacco pro d ucts shall be liable to the U nited States for a civil penalty in an amount not to e x ceed $15 , 0 00 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. ‘‘(B) E N H ANCED P ENALTIES.— ‘‘(i) Any person who intentionally violates a require - ment of section 90 2 (5), 902( 6 ), 90 4 ,90 8 (c), or 911(a), shall be subject to a civil monetary penalty of— ‘‘(I) not to exceed $250,000 per violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding
or ‘‘(II) in the case of a violation that continues after the Secretary provides written notice to such person, $250,000 for the first 3 0-day period (or any portion thereof) that the person continues to be in violation, and such amount shall double for every 30-day period thereafter that the violation continues, not to exceed $1,000,000 for any 30-day period, and not to exceed $10,000,000 for all such violations adjudicated in a single proceeding. ‘‘(ii) Any person who violates a requirement of section 911(g)(2)(C)(ii) or 911(i)(1), shall be subject to a civil mone- tary penalty of— ‘‘(I) not to exceed $250,000 per violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding; or ‘‘(II) in the case of a violation that continues after the Secretary provides written notice to such person, $250,000 for the first 30-day period (or any portion thereof) that the person continues to be in violation, and such amount shall double for every 30-day period thereafter that the violation continues, not to exceed $1,000,000 for any 30-day period, and not to exceed $10,000,000 for all such violations adjudicated in a single proceeding. ‘‘(iii) In determining the amount of a civil penalty under clause (i)(II) or (ii)(II), the Secretary shall ta k e into consideration whether the person is making efforts toward correcting the violation of the requirements of the section for which such person is subject to such civil penalty. ’ ’. (d) SECTION 304.—Section 304 (21 U.S.C. 334) is amended— (1) in subsection (a)(2)— (A) by striking ‘‘and’’ before ‘‘( D )’’; and (B) by striking ‘‘device.’’ and inserting the following
‘‘device, and (E) Any adulterated or misbranded tobacco product.’’; (2) in subsection (d)(1), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (3) in subsection (g)(1), by inserting ‘‘or tobacco product’’ after the term ‘‘device’’ each place such term appears; and (4) in subsection (g)(2)(A), by inserting ‘‘or tobacco product’’ after ‘‘device’’. Notice. Notice.
