§ 1917. Certifications

(a) Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a licensed wholesale dealer, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the Attorney General a certification to the Attorney General no later than April 30 each year certifying under penalty of perjury that, as of the date of such certification, such tobacco product manufacturer either is a participating manufacturer or is in full compliance with subchapter 1A of this chapter, including all quarterly installment payments required by section 1922 of this title.

(b) A participating manufacturer shall:

(1) include in its certification a list of its brand families;

(2) update its list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.

(c) A nonparticipating manufacturer shall:

(1) include in its certification:

(A) a list of all of its brand families and the number of units sold for each brand family that were sold in the State during the previous calendar year;

(B) a list of all of its brand families that have been sold in the State during the current calendar year;

(C) a list of any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of such certification; and

(D) the name and business address of any other tobacco product manufacturer that has manufactured in the past calendar year or is currently manufacturing or selling any brand family listed in the nonparticipating manufacturer's certification;

(2) also certify:

(A) that the nonparticipating manufacturer is registered to do business in the State or has appointed an in-state agent for service of process and provided notice thereof as required by this subchapter;

(B) that the nonparticipating manufacturer has established and continues to maintain a qualified escrow fund; has executed an escrow agreement that both governs the qualified escrow fund and has been reviewed and approved by the Attorney General; and is in full compliance with subchapter 1A of this chapter;

(C) the following information with respect to each qualified escrow fund established pursuant to subchapter 1A of this chapter:

(i) the name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund;

(ii) the account number of such qualified escrow fund and any subaccount number for the State;

(iii) the amount the nonparticipating manufacturer placed in such fund for cigarettes sold in the State during the preceding calendar year, the dates and amount of each deposit, and evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and

(iv) the amounts and dates of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund;

(D) that the nonparticipating manufacturer is in full compliance with this subchapter and any regulations promulgated pursuant thereto; and

(3) update its list of brand families 30 calendar days prior to any addition or modification of its brand families by executing and delivering supplemental certification to the Attorney General.

(d)(1) A tobacco product manufacturer may not include a brand family in its certification unless:

(A) in the case of a participating manufacturer, the participating manufacturer affirms that the brand family shall be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and

(B) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family shall be deemed to be its cigarettes for purposes of subchapter 1A of this chapter.

(2) Nothing in this subsection shall be construed as limiting or otherwise affecting the State's right to contend that the manufacture or sale of a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of subchapter 1A of this chapter.

(e) A tobacco product manufacturer shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five years from the date the certification is executed, unless otherwise required by law to maintain them for a greater period of time. (Added 2003, No. 14, § 1; amended 2015, No. 57, § 84, eff. June 11, 2015.)