138.135 Manufacturers to report all shipments of tobacco products into or within state -- Records to be kept by licensed distributors, retail distributors, and retailers of tobacco products. (1) (a) Every manufacturer, whether located in this state or outside this state, that ships tobacco products to a distributor, retailer, retail distributor, or any other person located in this state shall file a report with the department on or before the twentieth day of each month identifying all such shipments made by the manufacturer during the preceding month. The department, within its discretion, may allow a manufacturer to file the report for periods other than monthly. (b) The reports shall identify: 1. 2. The names and addresses of the persons in this state to whom the shipments were made; The quantities of tobacco products shipped, by type of product and brand; and 3. Any other information the department may require. (2) Each licensed distributor and each licensed retail distributor shall keep in each licensed place of business complete and accurate records for that place of business, including: (a) Itemized invoices of: 1. Tobacco products purchased, manufactured, imported, or caused to be imported into this state from outside this state, or shipped or transported to other distributors or retailers in this state or outside this state, including type of product and brand; 2. All sales of tobacco products, including sales of tobacco products manufactured or produced in this state, including type of product and brand; and 3. All tobacco products transferred to retail outlets owned or controlled by the licensed distributor, including type of product and brand; and (b) Any other records required by the department. (3) Each retailer of tobacco products shall keep complete and accurate records of all purchases of tobacco products, including invoices that identify: (a) The distributor's name and address; (b) The name, quantity, and purchase price of the product purchased; (c) The license number of the distributor licensed under KRS 138.195(7); and (d) The tobacco products tax imposed by KRS 138.140. (4) All books, records, invoices, and documents required by this section shall be preserved, in a form prescribed by the department, for not less than four (4) years from the making of the records unless the department authorizes, in writing, the destruction of the records. Effective: April 27, 2018 History: Amended 2018 Ky. Acts ch. 171, sec. 26, effective April 14, 2018; and ch. 207, sec. 26, effective April 27, 2018. -- Created 2013 Ky. Acts ch. 97, sec. 4, effective July 1, 2013. Legislative Research Commission Note (4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.