§16-9H-11. Violations, fees and penalties for violations.

(a) The following fees and penalties apply to violations of this article:

(1) A distributor, wholesaler, or vape or smoke retailer, any other person or entity, who sells or offers for sale a vapor product in violation of this article shall be subject to a civil penalty of $100 per day for each vapor product offered for sale in violation of this section until the offending vapor product is removed from the market;

(2) In addition, any manufacturer, distributor, wholesaler, or vape or smoke retailer that sells vapor products in this state in violation of the provisions of §16-9H-10(a) or §16-9H-14 of this code shall be guilty of a misdemeanor for each violation.

(b) All fees and penalties collected by the Alcohol Beverage Control Commissioner pursuant to this section shall be used for administration and enforcement of this section.