§486P-6 - Directory; updates; information to be maintained and provided.
[§486P-6] Directory; updates; information
to be maintained and provided. (a) Not later than November 1, 2003, the
attorney general shall develop and make available for public inspection, a
directory that includes a list of all tobacco product manufacturers that have
provided a current and accurate certification conforming to the requirements of
section 486P-5, and a list of all brand families that are listed in the
certification; provided that:
(1) The attorney general shall not include or retain
in the directory the name or brand families of any nonparticipating
manufacturer that fails to provide the required certification or whose
certification the attorney general determines is not in compliance with section
486P-5 unless the attorney general has determined that such violation has been
cured to the satisfaction of the attorney general;
(2) Neither a tobacco product manufacturer nor a
brand family shall be included or retained in the directory if the attorney
general concludes, in the case of a nonparticipating manufacturer, that:
(A) Any escrow payment required pursuant to
section 675-3(b)(1) for any period for any brand family, whether or not listed
by the nonparticipating manufacturer, has not been fully paid into a qualified
escrow fund governed by a qualified escrow agreement that has been approved by
the attorney general; or
(B) Any outstanding final judgment, including
interest thereon, for a violation of section 675-3(b) has not been fully
satisfied by the manufacturer or brand family.
(b) The attorney general shall update the
directory as necessary to correct mistakes and to add or remove a tobacco
product manufacturer or brand family to keep the directory in conformity with
the requirements of this chapter.
(c) Every entity licensed under chapter 245
shall:
(1) Provide to the attorney general and update as
necessary an electronic mail address for the purpose of receiving any
notifications hereunder; and
(2) Not later than thirty days after the end of each
month, and more frequently if so directed by the attorney general, submit to
the attorney general such information as the attorney general requires to
facilitate compliance with this chapter, including but not limited to:
(A) A list by brand family of the total number
of cigarettes, or in the case of roll-your-own, the equivalent stick count for
which the licensee affixed stamps during the previous calendar month or
otherwise paid the tax due for such cigarettes; and
(B) Samples of each brand family, as may be
necessary to enable the attorney general to determine whether a tobacco product
manufacturer or licensed entity is in compliance with this chapter.
(3) Maintain, and make available to the attorney
general, all invoices and documentation of sales of all nonparticipating
manufacturer cigarettes and any other information relied upon in reporting to
the attorney general for a period of five years. [L 2003, c 77, pt of §2]