123STA T . 1 8 3 9PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 includ in gat a re tailer ’s re q uest a h earing by tele p h o ne or at the nearest regional or f ield office of the F ood and D rug A d m inistration , and pro v iding for an e x pedited proce - dure for the administrative appeal of an alleged violation
- (
D ) providing that a person may not be charged w ith a violation at a particular retail outlet unless the S ecretary has provided notice to the retailer of all previous violations at that outlet; ( E ) establishing that civil money penalties for multiple violations shall increase from one violation to the next violation pursuant to paragraph ( 2 ) within the time periods provided for in such paragraph; (F) providing that good faith reliance on the presen- tation of a false government-issued photographic identifica- tion that contains a date of birth does not constitute a violation of any minimum age requirement for the sale of tobacco products if the retailer has ta k en effective steps to prevent such violations, including — (i) adopting and enforcing a written policy against sales to minors; (ii) informing its employees of all applicable laws; (iii) establishing disciplinary sanctions for employee noncompliance; and (iv) requiring its employees to verify age by way of photographic identification or electronic scanning device; and ( G ) providing for the Secretary, in determining whether to impose a no-tobacco-sale order and in determining whether to compromise, modify, or terminate such an order, to consider whether the retailer has taken effective steps to prevent violations of the minimum age requirements for the sale of tobacco products, including the steps listed in subparagraph (F) . (2) PENALTI E SFORV IOLATIONS.— (A) I N G ENERAL.— T he amount of the civil penalty to be applied for violations of restrictions promulgated under section 906 (d), as described in paragraph ( 1 ), shall be as follows
(i) W ith respect to a retailer with an approved training program, the amount of the civil penalty shall not exceed— (I) in the case of the first violation, $ 0.00 together with the issuance of a warning letter to the retailer; (II) in the case of a second violation within a 12-month period, $2 5 0; (III) in the case of a third violation within a2 4 -month period, $500; (I V ) in the case of a fourth violation within a 24-month period, $2,000; (V) in the case of a fifth violation within a 3 6-month period, $5,000; and (VI) in the case of a sixth or subsequent viola- tion within a 4 8 -month period, $10,000 as deter- mined by the Secretary on a case-by-case basis. 21USC3 33 note.
