Title 16, Chapter 12, Section 175
( 16-12-175)
(a) The provisions of this article, inclusive, shall be enforced
through actions brought in any court of competent jurisdiction by
the prosecuting attorney for the county in which the alleged
violation occurred as well as through administrative citations
issued by special agents or enforcement officers of the state
revenue commissioner. Any fine collected for a violation of said
provision shall be paid to the clerk of the court of the
jurisdiction in which the violation occurred. Upon receipt of a
fine for any violation of said provision, the clerk shall promptly
notify the state revenue commissioner of the violation. (b) The state revenue commissioner, acting through special agents or
enforcement officers, shall annually conduct random, unannounced
inspections at locations where tobacco products are sold or
distributed to ensure compliance with this article. Persons under
the age of 18 years may be enlisted to test compliance with this
article; provided, however, that such persons may be used to test
compliance with this article only if the testing is conducted under
the direct supervision of such special agents or enforcement
officers, and written parental consent has been provided. Any other
use of persons under the age of 18 years to test compliance with
this article or any other prohibition of like or similar import
shall be unlawful and the person or persons responsible for such use
shall be subject to the penalties prescribed in this article. The
state revenue commissioner shall prepare annually for submission by
the Governor to the secretary of the United States Department of
Health and Human Services the report required by section 1926 of
subpart I of part B of Title XIX of the federal Public Health
Service Act, 42 U.S.C. 300x-26. |