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(3) Mislabel as nicotine-free, or sell or market for sale as nicotine-free, an <br /> e-liquid product that contains nicotine. <br /> (b) Presumption of flavor. Any communication by or on behalf of the <br /> manufacturer or retailer of a tobacco product that such product imparts a <br /> taste or odor other than the taste or odor of tobacco, or that imparts a <br /> cooling or numbing sensation, constitutes presumptive evidence that the <br /> tobacco product is a flavored tobacco product. There is a rebuttable <br /> presumption that a tobacco product is a flavored tobacco product if a <br /> tobacco retailer, manufacturer, or any employee or agent of a tobacco <br /> retailer or manufacturer: <br /> (1) Has made or makes a public statement or claim that the tobacco <br /> product is a flavored tobacco product; <br /> (2) Has used or uses text or images, or both, on the tobacco product's <br /> labeling or packaging to explicitly or implicitly indicate that the <br /> tobacco product has a flavor other than tobacco, to make a public <br /> statement, or claim that the tobacco product is a flavored tobacco <br /> product; <br /> (3) Has taken or takes action directed at consumers that would be <br /> reasonably expected to cause consumers to believe the tobacco product <br /> is a flavored tobacco product; or <br /> (4) Has made or makes a public statement or claim that a product has a <br /> minty or cooling effect, such as describing the product as "chill," "ice," <br /> "fresh," "arctic," or "frost". <br /> (c) Any flavored tobacco product found in a retailer's possession that violates <br /> this section may be considered contraband and subject to immediate <br /> destruction or disposal by the retailer in accordance with the Hawai`i <br /> Administrative Rules, Chapter 11-266.1. The cost of proper disposal of <br /> electronic smoking devices and e-liquids as hazardous waste pursuant to <br /> the Hawai`i Administrative Rules shall be borne by the retailer. <br /> Section 14- Penalty. <br /> Any retailer found to violate this article shall be subject to the following: <br /> (1) For the initial violation. <br /> (A)The retailer shall pay an administrative fine of$1,000; and <br /> (B)The retailer shall pay an administrative fine of$2,000 for each day in which the <br /> violation persists beyond the date of the initial violation. <br /> 3 <br />