67-4-2602. Certification by tobacco product manufacturer as to compliance Directory listing certified manufacturers and brand families Unlawful practices.
(a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commissioner a certification to the commissioner and attorney general, no later than the thirtieth day of April 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 § 47-31-103.
(1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update such list thirty (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 and commissioner.
(2) A non-participating manufacturer shall 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 preceding calendar year;
(B) A list of all of its brand families that have been sold in the state at any time during the current calendar year;
(C) Indication, by an asterisk, 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) Identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year.
The non-participating manufacturer shall update such list thirty (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 and commissioner.
(3) In the case of a non-participating manufacturer, such certification shall further certify:
(A) That such non-participating manufacturer is registered to do business in the state or has appointed a resident agent for service of process and provided notice thereof as required by § 67-4-2603;
(B) That such non-participating manufacturer:
(i) Has established and continues to maintain a qualified escrow fund; and
(ii) Has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and reporter and that governs the qualified escrow fund;
(C) That such non-participating manufacturer is in full compliance with title 47, chapter 31, part 1, and this part, and any regulations promulgated pursuant thereto; and
(D) (i) The name, address and telephone number of the financial institution where the non-participating manufacturer has established such qualified escrow fund required pursuant to § 47-31-103 and all regulations promulgated thereto;
(ii) The account number of such qualified escrow fund and any sub-account number for Tennessee;
(iii) The amount such non-participating manufacturer placed in such fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the attorney general and reporter to confirm the foregoing; and
(iv) The amount and date of any withdrawal or transfer of funds the non-participating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to § 47-31-103 and all regulations promulgated thereto.
(4) A tobacco product manufacturer may not include a brand family in its certification unless:
(A) In the case of a participating manufacturer, said participating manufacturer affirms that the brand family is 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 non-participating manufacturer, said non-participating manufacturer affirms that the brand family is deemed to be its cigarettes for purposes of § 47-31-103. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that 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 § 47-31-103.
(5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five (5) years, unless otherwise required by law to maintain them for a greater period of time.
(b) Not later than May 31, 2003, the commissioner shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) and all brand families that are listed in such certifications (the directory), except that:
(1) The commissioner shall not include or retain in such directory the name or brand families of any non-participating manufacturer that has failed to provide the required certification or whose certification the commissioner determines is not in compliance with subdivisions (a)(2) and (a)(3), unless the commissioner has determined that such violation has been cured to the satisfaction of the commissioner;
(2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory, if the commissioner concludes, in the case of a non-participating manufacturer, that:
(A) Any escrow payment required pursuant to § 47-31-103 for any period for any brand family, whether or not listed by such non-participating 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 and reporter; or
(B) Any outstanding final judgment, including interest on the judgment, for a violation of § 47-31-103 has not been fully satisfied for such brand family or such manufacturer;
(3) The commissioner shall update the directory as necessary in order 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 part; and
(4) Every licensed agent shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications as may be required by this part.
(c) It shall be unlawful for any person to:
(1) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or
(2) Sell, offer, or possess for sale, in this state, or import for personal consumption in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
(d) (1) A non-participating manufacturer that is not listed in the directory of approved tobacco manufacturers shall not be included in the directory until it has posted a bond in accordance with this subsection (d), in addition to any other requirements for inclusion in the directory contained in this chapter.
(2) The bond required by this subsection (d) shall be posted by corporate surety located within the United States in the amount of one hundred thousand dollars ($100,000). The bond shall be written in favor of the state of Tennessee and shall be conditioned on the performance by the non-participating manufacturer of all of its duties and obligations under this chapter and the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, compiled in title 47, chapter 31. The bond shall remain in effect for twenty-four (24) months from the date posted.
(3) If the non-participating manufacturer fails to perform duties and obligations on which the bond is conditioned, the state shall be authorized to execute on the bond, first to recover any amounts the non-participating manufacturer failed to place into escrow as required by the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, then to recover penalties and attorneys' fees under the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999 and this chapter.
67-4-2602. Certification by tobacco product manufacturer as to compliance Directory listing certified manufacturers and brand families Unlawful practices.
(a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commissioner a certification to the commissioner and attorney general, no later than the thirtieth day of April 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 § 47-31-103.
(1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update such list thirty (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 and commissioner.
(2) A non-participating manufacturer shall 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 preceding calendar year;
(B) A list of all of its brand families that have been sold in the state at any time during the current calendar year;
(C) Indication, by an asterisk, 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) Identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year.
The non-participating manufacturer shall update such list thirty (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 and commissioner.
(3) In the case of a non-participating manufacturer, such certification shall further certify:
(A) That such non-participating manufacturer is registered to do business in the state or has appointed a resident agent for service of process and provided notice thereof as required by § 67-4-2603;
(B) That such non-participating manufacturer:
(i) Has established and continues to maintain a qualified escrow fund; and
(ii) Has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and reporter and that governs the qualified escrow fund;
(C) That such non-participating manufacturer is in full compliance with title 47, chapter 31, part 1, and this part, and any regulations promulgated pursuant thereto; and
(D) (i) The name, address and telephone number of the financial institution where the non-participating manufacturer has established such qualified escrow fund required pursuant to § 47-31-103 and all regulations promulgated thereto;
(ii) The account number of such qualified escrow fund and any sub-account number for Tennessee;
(iii) The amount such non-participating manufacturer placed in such fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the attorney general and reporter to confirm the foregoing; and
(iv) The amount and date of any withdrawal or transfer of funds the non-participating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to § 47-31-103 and all regulations promulgated thereto.
(4) A tobacco product manufacturer may not include a brand family in its certification unless:
(A) In the case of a participating manufacturer, said participating manufacturer affirms that the brand family is 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 non-participating manufacturer, said non-participating manufacturer affirms that the brand family is deemed to be its cigarettes for purposes of § 47-31-103. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that 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 § 47-31-103.
(5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five (5) years, unless otherwise required by law to maintain them for a greater period of time.
(b) Not later than May 31, 2003, the commissioner shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) and all brand families that are listed in such certifications (the directory), except that:
(1) The commissioner shall not include or retain in such directory the name or brand families of any non-participating manufacturer that has failed to provide the required certification or whose certification the commissioner determines is not in compliance with subdivisions (a)(2) and (a)(3), unless the commissioner has determined that such violation has been cured to the satisfaction of the commissioner;
(2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory, if the commissioner concludes, in the case of a non-participating manufacturer, that:
(A) Any escrow payment required pursuant to § 47-31-103 for any period for any brand family, whether or not listed by such non-participating 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 and reporter; or
(B) Any outstanding final judgment, including interest on the judgment, for a violation of § 47-31-103 has not been fully satisfied for such brand family or such manufacturer;
(3) The commissioner shall update the directory as necessary in order 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 part; and
(4) Every licensed agent shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications as may be required by this part.
(c) It shall be unlawful for any person to:
(1) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or
(2) Sell, offer, or possess for sale, in this state, or import for personal consumption in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
(d) (1) A non-participating manufacturer that is not listed in the directory of approved tobacco manufacturers shall not be included in the directory until it has posted a bond in accordance with this subsection (d), in addition to any other requirements for inclusion in the directory contained in this chapter.
(2) The bond required by this subsection (d) shall be posted by corporate surety located within the United States in the amount of one hundred thousand dollars ($100,000). The bond shall be written in favor of the state of Tennessee and shall be conditioned on the performance by the non-participating manufacturer of all of its duties and obligations under this chapter and the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, compiled in title 47, chapter 31. The bond shall remain in effect for twenty-four (24) months from the date posted.
(3) If the non-participating manufacturer fails to perform duties and obligations on which the bond is conditioned, the state shall be authorized to execute on the bond, first to recover any amounts the non-participating manufacturer failed to place into escrow as required by the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, then to recover penalties and attorneys' fees under the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999 and this chapter.
67-4-2602. Certification by tobacco product manufacturer as to compliance Directory listing certified manufacturers and brand families Unlawful practices.
(a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commissioner a certification to the commissioner and attorney general, no later than the thirtieth day of April 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 § 47-31-103.
(1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update such list thirty (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 and commissioner.
(2) A non-participating manufacturer shall 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 preceding calendar year;
(B) A list of all of its brand families that have been sold in the state at any time during the current calendar year;
(C) Indication, by an asterisk, 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) Identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year.
The non-participating manufacturer shall update such list thirty (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 and commissioner.
(3) In the case of a non-participating manufacturer, such certification shall further certify:
(A) That such non-participating manufacturer is registered to do business in the state or has appointed a resident agent for service of process and provided notice thereof as required by § 67-4-2603;
(B) That such non-participating manufacturer:
(i) Has established and continues to maintain a qualified escrow fund; and
(ii) Has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and reporter and that governs the qualified escrow fund;
(C) That such non-participating manufacturer is in full compliance with title 47, chapter 31, part 1, and this part, and any regulations promulgated pursuant thereto; and
(D) (i) The name, address and telephone number of the financial institution where the non-participating manufacturer has established such qualified escrow fund required pursuant to § 47-31-103 and all regulations promulgated thereto;
(ii) The account number of such qualified escrow fund and any sub-account number for Tennessee;
(iii) The amount such non-participating manufacturer placed in such fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the attorney general and reporter to confirm the foregoing; and
(iv) The amount and date of any withdrawal or transfer of funds the non-participating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to § 47-31-103 and all regulations promulgated thereto.
(4) A tobacco product manufacturer may not include a brand family in its certification unless:
(A) In the case of a participating manufacturer, said participating manufacturer affirms that the brand family is 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 non-participating manufacturer, said non-participating manufacturer affirms that the brand family is deemed to be its cigarettes for purposes of § 47-31-103. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that 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 § 47-31-103.
(5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five (5) years, unless otherwise required by law to maintain them for a greater period of time.
(b) Not later than May 31, 2003, the commissioner shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) and all brand families that are listed in such certifications (the directory), except that:
(1) The commissioner shall not include or retain in such directory the name or brand families of any non-participating manufacturer that has failed to provide the required certification or whose certification the commissioner determines is not in compliance with subdivisions (a)(2) and (a)(3), unless the commissioner has determined that such violation has been cured to the satisfaction of the commissioner;
(2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory, if the commissioner concludes, in the case of a non-participating manufacturer, that:
(A) Any escrow payment required pursuant to § 47-31-103 for any period for any brand family, whether or not listed by such non-participating 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 and reporter; or
(B) Any outstanding final judgment, including interest on the judgment, for a violation of § 47-31-103 has not been fully satisfied for such brand family or such manufacturer;
(3) The commissioner shall update the directory as necessary in order 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 part; and
(4) Every licensed agent shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications as may be required by this part.
(c) It shall be unlawful for any person to:
(1) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or
(2) Sell, offer, or possess for sale, in this state, or import for personal consumption in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
(d) (1) A non-participating manufacturer that is not listed in the directory of approved tobacco manufacturers shall not be included in the directory until it has posted a bond in accordance with this subsection (d), in addition to any other requirements for inclusion in the directory contained in this chapter.
(2) The bond required by this subsection (d) shall be posted by corporate surety located within the United States in the amount of one hundred thousand dollars ($100,000). The bond shall be written in favor of the state of Tennessee and shall be conditioned on the performance by the non-participating manufacturer of all of its duties and obligations under this chapter and the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, compiled in title 47, chapter 31. The bond shall remain in effect for twenty-four (24) months from the date posted.
(3) If the non-participating manufacturer fails to perform duties and obligations on which the bond is conditioned, the state shall be authorized to execute on the bond, first to recover any amounts the non-participating manufacturer failed to place into escrow as required by the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999, then to recover penalties and attorneys' fees under the Tennessee Tobacco Manufacturers' Escrow Fund Act of 1999 and this chapter.
