18 U.S.C. § 2346 — Enforcement and regulations

submitted 48 years ago by Pub. L. 95-575 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 386 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General enforces this chapter and may issue necessary rules. States, local governments, and permitted tobacco businesses may sue for injunctions under limits that preserve sovereign immunity and other remedies.

(a) Subject to section 2343(a), the Attorney General must enforce this chapter and may issue rules and regulations reasonably needed to carry it out. (b)(1) A State through its attorney general, a local government through its chief law-enforcement officer or designee, or a holder of a chapter 52 Internal Revenue Code permit may sue in a United States district court to prevent or restrain a violation by a person or that person’s controller. A permit holder may not sue a State or local government. No action under this paragraph may begin against an Indian tribe or an Indian in Indian country as defined in section 1151. (2) In such a State or local government action, the State or local government may also obtain appropriate relief, including civil penalties, damages, and injunctions or other equitable relief. Nothing waives, removes, limits, expands, or changes sovereign immunity of a State, local government, or Indian tribe from an unconsented suit. (3) These remedies add to remedies under any other law. (4) This chapter does not expand, limit, or change an authorized State official’s right to proceed in State court or take other enforcement action based on an alleged State or other-law violation. (5) It likewise does not expand, limit, or change an authorized local official’s corresponding rights based on an alleged local or other-law violation.

the actual law source: uscode.house.gov ↗public domain

(a)

The Attorney General, subject to the provisions of section 2343(a) of this title, shall enforce the provisions of this chapter and may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter.

(b)

(1)

A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151).

(2)

A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe.

(3)

The remedies under paragraphs (1) and (2) are in addition to any other remedies under Federal, State, local, or other law.

(4)

Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.

(5)

Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.

Source credit: (Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2465; amended Pub. L. 107–296, title XI, § 1112(i)(2), Nov. 25, 2002, 116 Stat. 2277; Pub. L. 109–177, title I, § 121(f), Mar. 9, 2006, 120 Stat. 223.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-575 · 92 Stat. 2465
2002Amended · Pub. L. 107-296 · 116 Stat. 2277
2006Amended · Pub. L. 109-177 · 120 Stat. 223

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-575 on 1978-11-02.

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