{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-216.html"}],"law_id":57775,"edition_id":1,"section_id":57775,"structure_id":15169,"section_number":"9.1-216","catch_line":"Enforcement; civil penalties","history":"2014, cc. 370, 418.","full_text":"A\n\nA manufacturer or other person who knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 9.1-210 shall be subject to a civil penalty not exceeding $100 for each such pack of cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any such person exceed $100,000 for sales or offers for sale during any 30-day period.B\n\nA retailer who knowingly sells cigarettes in violation of § 9.1-210 shall be subject to a civil penalty not exceeding $100 for each pack of such cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any retailer exceed $25,000 for sales or offers for sale during any 30-day period.C\n\nAny person who violates any other provision of this chapter shall be subject to a civil penalty of not more than $1,000 for the first violation. The civil penalty for each subsequent violation shall not exceed $5,000.D\n\nA manufacturer who knowingly makes a false certification under § 9.1-211 shall be subject to a civil penalty of at least $75,000 and not exceeding $250,000 for each false certification.E\n\nA civil penalty may be assessed by the Director only after the Director has consulted with the State Fire Marshal and has given the manufacturer charged with making such a false certification an opportunity for a public hearing. Where such a public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty is warranted and issues an order requiring that the penalty be paid.F\n\nThe Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. Such civil penalties shall be paid into the Cigarette Fire Safety Standard and Firefighter Protection Act Fund referenced in subsection F of § 9.1-211 and used in carrying out the purposes of this chapter.","order_by":null,"text":{"0":{"id":211593,"text":"A manufacturer or other person who knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 9.1-210 shall be subject to a civil penalty not exceeding $100 for each such pack of cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any such person exceed $100,000 for sales or offers for sale during any 30-day period.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211594,"text":"A retailer who knowingly sells cigarettes in violation of § 9.1-210 shall be subject to a civil penalty not exceeding $100 for each pack of such cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any retailer exceed $25,000 for sales or offers for sale during any 30-day period.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211595,"text":"Any person who violates any other provision of this chapter shall be subject to a civil penalty of not more than $1,000 for the first violation. The civil penalty for each subsequent violation shall not exceed $5,000.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211596,"text":"A manufacturer who knowingly makes a false certification under § 9.1-211 shall be subject to a civil penalty of at least $75,000 and not exceeding $250,000 for each false certification.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211597,"text":"A civil penalty may be assessed by the Director only after the Director has consulted with the State Fire Marshal and has given the manufacturer charged with making such a false certification an opportunity for a public hearing. Where such a public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty is warranted and issues an order requiring that the penalty be paid.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211598,"text":"The Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. Such civil penalties shall be paid into the Cigarette Fire Safety Standard and Firefighter Protection Act Fund referenced in subsection F of § 9.1-211 and used in carrying out the purposes of this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15169,"edition_id":1,"name":"Reduced Cigarette Ignition Propensity","identifier":"2.1","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":285271,"object_type":"structure","relational_id":15169,"identifier":"2.1","token":"9.1\/2.1","url":"\/9.1\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64906,"structure_id":15169,"section_number":"9.1-209","catch_line":"Definitions","url":"\/9.1-209\/","token":"9.1\/2.1\/9.1-209","metadata":false},{"id":67083,"structure_id":15169,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","url":"\/9.1-210\/","token":"9.1\/2.1\/9.1-210","metadata":false},{"id":86171,"structure_id":15169,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","url":"\/9.1-211\/","token":"9.1\/2.1\/9.1-211","metadata":false},{"id":72631,"structure_id":15169,"section_number":"9.1-212","catch_line":"Marking of cigarettes","url":"\/9.1-212\/","token":"9.1\/2.1\/9.1-212","metadata":false},{"id":69989,"structure_id":15169,"section_number":"9.1-213","catch_line":"Provision of copies of certifications and illustration of the packaging markings; inspections","url":"\/9.1-213\/","token":"9.1\/2.1\/9.1-213","metadata":false},{"id":82264,"structure_id":15169,"section_number":"9.1-214","catch_line":"Nonconforming cigarettes","url":"\/9.1-214\/","token":"9.1\/2.1\/9.1-214","metadata":false},{"id":62389,"structure_id":15169,"section_number":"9.1-215","catch_line":"Powers of Director; regulation and implementation","url":"\/9.1-215\/","token":"9.1\/2.1\/9.1-215","metadata":false},{"id":57775,"structure_id":15169,"section_number":"9.1-216","catch_line":"Enforcement; civil penalties","url":"\/9.1-216\/","token":"9.1\/2.1\/9.1-216","metadata":false},{"id":66730,"structure_id":15169,"section_number":"9.1-217","catch_line":"Application of chapter to certain cigarettes; conflicting local ordinances preempted","url":"\/9.1-217\/","token":"9.1\/2.1\/9.1-217","metadata":false}],"previous_section":{"id":62389,"structure_id":15169,"section_number":"9.1-215","catch_line":"Powers of Director; regulation and implementation","url":"\/9.1-215\/","token":"9.1\/2.1\/9.1-215","metadata":false},"next_section":{"id":66730,"structure_id":15169,"section_number":"9.1-217","catch_line":"Application of chapter to certain cigarettes; conflicting local ordinances preempted","url":"\/9.1-217\/","token":"9.1\/2.1\/9.1-217","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-216\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 370<\/a> and 418<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":67083,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","order_by":null,"url":"\/9.1-210\/"},{"id":86171,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","order_by":null,"url":"\/9.1-211\/"}],"permalink":{"id":285301,"object_type":"law","relational_id":57775,"identifier":"9.1-216","token":"9.1\/2.1\/9.1-216","url":"\/9.1-216\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-216\/","token":"9.1\/2.1\/9.1-216","dublin_core":{"Title":"Enforcement; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A manufacturer<\/span> or other person who knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 9.1-210<\/a> shall be subject to a civil penalty<\/span> not exceeding $100 for each such pack of cigarettes sold or offered for sale, provided that in no case shall the civil penalty<\/span> assessed against any such person exceed $100,000 for sales or offers for sale during any 30-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A retailer<\/span> who knowingly sells cigarettes in violation of § 9.1-210<\/a> shall be subject to a civil penalty<\/span> not exceeding $100 for each pack of such cigarettes sold or offered for sale, provided that in no case shall the civil penalty<\/span> assessed against any retailer<\/span> exceed $25,000 for sales or offers for sale during any 30-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who violates any other provision of this chapter shall be subject to a civil penalty<\/span> of not more than $1,000 for the first violation. The civil penalty<\/span> for each subsequent violation shall not exceed $5,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A manufacturer<\/span> who knowingly makes a false certification under § 9.1-211<\/a> shall be subject to a civil penalty<\/span> of at least $75,000 and not exceeding $250,000 for each false certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A civil penalty<\/span> may be assessed by the Director<\/span> only after the Director<\/span> has consulted with the State Fire Marshal and has given the manufacturer<\/span> charged with making such a false certification an opportunity for a public hearing<\/span>. Where such a public hearing<\/span> has been held, the Director<\/span> shall make findings<\/span> of fact<\/span> and issue<\/span> a written decision as to the occurrence of the violation and the amount of the penalty<\/span> that is warranted, incorporating, when appropriate, an order<\/span> therein requiring that the penalty<\/span> be paid. Any hearing<\/span> under this section shall be a formal adjudicatory hearing<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing<\/span>, a civil penalty<\/span> shall be assessed by the Director<\/span> after the Director<\/span> determines that a violation has occurred and the amount of the penalty<\/span> is warranted and issues<\/span> an order<\/span> requiring that the penalty<\/span> be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Director<\/span> may collect civil penalties that are owed in the same manner as provided by law<\/span> in respect to judgment<\/span> of a court<\/span> of record. Such civil penalties shall be paid into the Cigarette Fire Safety Standard and Firefighter Protection Act Fund referenced in subsection F of § 9.1-211<\/a> and used in carrying out the purposes of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT; CIVIL PENALTIES (\u00a7 9.1-216)\n\nA. A manufacturer or other person who knowingly sells or offers for sale\ncigarettes other than by retail sale in violation of § 9.1-210 shall be\nsubject to a civil penalty not exceeding $100 for each such pack of cigarettes\nsold or offered for sale, provided that in no case shall the civil penalty\nassessed against any such person exceed $100,000 for sales or offers for sale\nduring any 30-day period.\n\nB. A retailer who knowingly sells cigarettes in violation of § 9.1-210\nshall be subject to a civil penalty not exceeding $100 for each pack of such\ncigarettes sold or offered for sale, provided that in no case shall the civil\npenalty assessed against any retailer exceed $25,000 for sales or offers for\nsale during any 30-day period.\n\nC. Any person who violates any other provision of this chapter shall be subject\nto a civil penalty of not more than $1,000 for the first violation. The civil\npenalty for each subsequent violation shall not exceed $5,000.\n\nD. A manufacturer who knowingly makes a false certification under § 9.1-211\nshall be subject to a civil penalty of at least $75,000 and not exceeding\n$250,000 for each false certification.\n\nE. A civil penalty may be assessed by the Director only after the Director has\nconsulted with the State Fire Marshal and has given the manufacturer charged\nwith making such a false certification an opportunity for a public hearing.\nWhere such a public hearing has been held, the Director shall make findings of\nfact and issue a written decision as to the occurrence of the violation and the\namount of the penalty that is warranted, incorporating, when appropriate, an\norder therein requiring that the penalty be paid. Any hearing under this section\nshall be a formal adjudicatory hearing in accordance with the Administrative\nProcess Act (§ 2.2-4000 et seq.). When the person charged with such a\nviolation fails to avail himself of the opportunity for a public hearing, a\ncivil penalty shall be assessed by the Director after the Director determines\nthat a violation has occurred and the amount of the penalty is warranted and\nissues an order requiring that the penalty be paid.\n\nF. The Director may collect civil penalties that are owed in the same manner as\nprovided by law in respect to judgment of a court of record. Such civil\npenalties shall be paid into the Cigarette Fire Safety Standard and Firefighter\nProtection Act Fund referenced in subsection F of § 9.1-211 and used in\ncarrying out the purposes of this chapter.\n\nHISTORY: 2014, cc. 370, 418.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}