A. Every tobacco product manufacturer whose cigarettes are sold in theCommonwealth whether directly or through a distributor, retailer or similarintermediary or intermediaries shall execute and deliver on a form prescribedby the Attorney General, requesting such information as the Attorney Generaldeems reasonably necessary to enable him to make the determinations requiredin § 3.2-4206, a certification to the Attorney General no later than thethirtieth day of April each year, certifying under penalty of perjury that,as of the date of such certification, such tobacco product manufacturereither: (i) is a participating manufacturer and has made all paymentscalculated by the independent auditor to be due from it under the MasterSettlement Agreement, except to the extent it is disputing any of suchpayments; or (ii) is in full compliance with Article 1 (§ 3.2-4200 et seq.)of this chapter.
B. A participating manufacturer shall include in its certification a list ofits brand families. The participating manufacturer shall update such list 30days prior to any addition to or modification of its brand families byexecuting and delivering a supplemental certification to the Attorney General.
C. A nonparticipating manufacturer shall include in its certification acomplete list of all of its brand families (i) separately listing brandfamilies of cigarettes and the number of units sold for each brand familythat were sold in the Commonwealth during the preceding calendar year, (ii)that have been sold in the Commonwealth at any time during the currentcalendar year, (iii) indicating by an asterisk, any brand family sold in theCommonwealth during the preceding calendar year that is no longer being soldin the Commonwealth as of the date of such certification, and (iv)identifying by name and address, any other manufacturer of such brandfamilies in the preceding calendar year. The nonparticipating manufacturershall update such list 30 days prior to any addition to or modification ofits brand families by executing and delivering a supplemental certificationto the Attorney General.
D. In the case of a nonparticipating manufacturer, such certification shallfurther certify:
1. That such nonparticipating manufacturer is registered to do business inthe Commonwealth or has appointed a resident agent for service of process andprovided notice thereof as required by § 3.2-4208;
2. That such nonparticipating manufacturer has (i) established and continuesto maintain a qualified escrow fund as that term is defined in Article 1 (§3.2-4200 et seq.) of this chapter; and (ii) executed a qualified escrowagreement that conforms to the requirements in Article 1 of this chapter;
3. That such nonparticipating manufacturer is in full compliance with Article1 (§ 3.2-4200 et seq.) of this chapter and this article, and any regulationspromulgated pursuant thereto;
4. The (i) name, address and telephone number of the financial institutionwhere the nonparticipating manufacturer has established such qualified escrowfund required pursuant to Article 1 (§ 3.2-4200 et seq.) of this chapter;(ii) account number of such qualified escrow fund and subaccount number forthe Commonwealth; (iii) amount such nonparticipating manufacturer placed insuch fund for cigarettes sold in the Commonwealth during the precedingcalendar year, the date or dates and amount of each such deposit, andverification of those dates and amounts of deposits as may be deemednecessary by the Attorney General; and (iv) amounts of and dates of anywithdrawal or transfer of funds the nonparticipating manufacturer made at anytime from such fund or from any other qualified escrow fund into which it hasat any time made escrow payments pursuant to Article 1 of this chapter; and
5. In the case of a nonparticipating manufacturer located outside of theUnited States, that it has provided a declaration on a form prescribed by theAttorney General from each of its importers into the United States of any ofits brand families to be sold in Virginia that such importer accepts jointand several liability with the nonparticipating manufacturer for all escrowdeposits due in accordance with § 3.2-4201, for all penalties assessed inaccordance with § 3.2-4201, and for payment of all costs and attorney feesimposed in accordance with this article. Such declaration shall appoint forthe declarant a resident agent for service of process in Virginia inaccordance with subsection A of § 3.2-4208.
E. A tobacco product manufacturer may not include a brand family in itscertification unless (i) in the case of a participating manufacturer, suchparticipating manufacturer affirms that the brand family is to be deemed tobe its cigarettes for purposes of calculating its payments under the MasterSettlement Agreement for the relevant year, in the volume and sharesdetermined pursuant to the Master Settlement Agreement; and (ii) in the caseof a nonparticipating manufacturer, said nonparticipating manufactureraffirms that the brand family is to be deemed to be its cigarettes forpurposes of Article 1 (§ 3.2-4200 et seq.) of this chapter. Nothing in thissection shall be construed as limiting or otherwise affecting theCommonwealth's right to maintain that a brand family constitutes cigarettesof a different tobacco product manufacturer for purposes of calculatingpayments under the Master Settlement Agreement or for purposes of Article 1of this chapter.
F. The tobacco product manufacturers shall maintain all invoices anddocumentation of sales and other such information relied upon for suchcertification for a period of five years, unless otherwise required by law tomaintain them for a greater period of time.
(2003, c. 798, § 3.1-336.4; 2006, c. 31; 2008, cc. 758, 860.)
A. Every tobacco product manufacturer whose cigarettes are sold in theCommonwealth whether directly or through a distributor, retailer or similarintermediary or intermediaries shall execute and deliver on a form prescribedby the Attorney General, requesting such information as the Attorney Generaldeems reasonably necessary to enable him to make the determinations requiredin § 3.2-4206, a certification to the Attorney General no later than thethirtieth day of April each year, certifying under penalty of perjury that,as of the date of such certification, such tobacco product manufacturereither: (i) is a participating manufacturer and has made all paymentscalculated by the independent auditor to be due from it under the MasterSettlement Agreement, except to the extent it is disputing any of suchpayments; or (ii) is in full compliance with Article 1 (§ 3.2-4200 et seq.)of this chapter.
B. A participating manufacturer shall include in its certification a list ofits brand families. The participating manufacturer shall update such list 30days prior to any addition to or modification of its brand families byexecuting and delivering a supplemental certification to the Attorney General.
C. A nonparticipating manufacturer shall include in its certification acomplete list of all of its brand families (i) separately listing brandfamilies of cigarettes and the number of units sold for each brand familythat were sold in the Commonwealth during the preceding calendar year, (ii)that have been sold in the Commonwealth at any time during the currentcalendar year, (iii) indicating by an asterisk, any brand family sold in theCommonwealth during the preceding calendar year that is no longer being soldin the Commonwealth as of the date of such certification, and (iv)identifying by name and address, any other manufacturer of such brandfamilies in the preceding calendar year. The nonparticipating manufacturershall update such list 30 days prior to any addition to or modification ofits brand families by executing and delivering a supplemental certificationto the Attorney General.
D. In the case of a nonparticipating manufacturer, such certification shallfurther certify:
1. That such nonparticipating manufacturer is registered to do business inthe Commonwealth or has appointed a resident agent for service of process andprovided notice thereof as required by § 3.2-4208;
2. That such nonparticipating manufacturer has (i) established and continuesto maintain a qualified escrow fund as that term is defined in Article 1 (§3.2-4200 et seq.) of this chapter; and (ii) executed a qualified escrowagreement that conforms to the requirements in Article 1 of this chapter;
3. That such nonparticipating manufacturer is in full compliance with Article1 (§ 3.2-4200 et seq.) of this chapter and this article, and any regulationspromulgated pursuant thereto;
4. The (i) name, address and telephone number of the financial institutionwhere the nonparticipating manufacturer has established such qualified escrowfund required pursuant to Article 1 (§ 3.2-4200 et seq.) of this chapter;(ii) account number of such qualified escrow fund and subaccount number forthe Commonwealth; (iii) amount such nonparticipating manufacturer placed insuch fund for cigarettes sold in the Commonwealth during the precedingcalendar year, the date or dates and amount of each such deposit, andverification of those dates and amounts of deposits as may be deemednecessary by the Attorney General; and (iv) amounts of and dates of anywithdrawal or transfer of funds the nonparticipating manufacturer made at anytime from such fund or from any other qualified escrow fund into which it hasat any time made escrow payments pursuant to Article 1 of this chapter; and
5. In the case of a nonparticipating manufacturer located outside of theUnited States, that it has provided a declaration on a form prescribed by theAttorney General from each of its importers into the United States of any ofits brand families to be sold in Virginia that such importer accepts jointand several liability with the nonparticipating manufacturer for all escrowdeposits due in accordance with § 3.2-4201, for all penalties assessed inaccordance with § 3.2-4201, and for payment of all costs and attorney feesimposed in accordance with this article. Such declaration shall appoint forthe declarant a resident agent for service of process in Virginia inaccordance with subsection A of § 3.2-4208.
E. A tobacco product manufacturer may not include a brand family in itscertification unless (i) in the case of a participating manufacturer, suchparticipating manufacturer affirms that the brand family is to be deemed tobe its cigarettes for purposes of calculating its payments under the MasterSettlement Agreement for the relevant year, in the volume and sharesdetermined pursuant to the Master Settlement Agreement; and (ii) in the caseof a nonparticipating manufacturer, said nonparticipating manufactureraffirms that the brand family is to be deemed to be its cigarettes forpurposes of Article 1 (§ 3.2-4200 et seq.) of this chapter. Nothing in thissection shall be construed as limiting or otherwise affecting theCommonwealth's right to maintain that a brand family constitutes cigarettesof a different tobacco product manufacturer for purposes of calculatingpayments under the Master Settlement Agreement or for purposes of Article 1of this chapter.
F. The tobacco product manufacturers shall maintain all invoices anddocumentation of sales and other such information relied upon for suchcertification for a period of five years, unless otherwise required by law tomaintain them for a greater period of time.
(2003, c. 798, § 3.1-336.4; 2006, c. 31; 2008, cc. 758, 860.)
A. Every tobacco product manufacturer whose cigarettes are sold in theCommonwealth whether directly or through a distributor, retailer or similarintermediary or intermediaries shall execute and deliver on a form prescribedby the Attorney General, requesting such information as the Attorney Generaldeems reasonably necessary to enable him to make the determinations requiredin § 3.2-4206, a certification to the Attorney General no later than thethirtieth day of April each year, certifying under penalty of perjury that,as of the date of such certification, such tobacco product manufacturereither: (i) is a participating manufacturer and has made all paymentscalculated by the independent auditor to be due from it under the MasterSettlement Agreement, except to the extent it is disputing any of suchpayments; or (ii) is in full compliance with Article 1 (§ 3.2-4200 et seq.)of this chapter.
B. A participating manufacturer shall include in its certification a list ofits brand families. The participating manufacturer shall update such list 30days prior to any addition to or modification of its brand families byexecuting and delivering a supplemental certification to the Attorney General.
C. A nonparticipating manufacturer shall include in its certification acomplete list of all of its brand families (i) separately listing brandfamilies of cigarettes and the number of units sold for each brand familythat were sold in the Commonwealth during the preceding calendar year, (ii)that have been sold in the Commonwealth at any time during the currentcalendar year, (iii) indicating by an asterisk, any brand family sold in theCommonwealth during the preceding calendar year that is no longer being soldin the Commonwealth as of the date of such certification, and (iv)identifying by name and address, any other manufacturer of such brandfamilies in the preceding calendar year. The nonparticipating manufacturershall update such list 30 days prior to any addition to or modification ofits brand families by executing and delivering a supplemental certificationto the Attorney General.
D. In the case of a nonparticipating manufacturer, such certification shallfurther certify:
1. That such nonparticipating manufacturer is registered to do business inthe Commonwealth or has appointed a resident agent for service of process andprovided notice thereof as required by § 3.2-4208;
2. That such nonparticipating manufacturer has (i) established and continuesto maintain a qualified escrow fund as that term is defined in Article 1 (§3.2-4200 et seq.) of this chapter; and (ii) executed a qualified escrowagreement that conforms to the requirements in Article 1 of this chapter;
3. That such nonparticipating manufacturer is in full compliance with Article1 (§ 3.2-4200 et seq.) of this chapter and this article, and any regulationspromulgated pursuant thereto;
4. The (i) name, address and telephone number of the financial institutionwhere the nonparticipating manufacturer has established such qualified escrowfund required pursuant to Article 1 (§ 3.2-4200 et seq.) of this chapter;(ii) account number of such qualified escrow fund and subaccount number forthe Commonwealth; (iii) amount such nonparticipating manufacturer placed insuch fund for cigarettes sold in the Commonwealth during the precedingcalendar year, the date or dates and amount of each such deposit, andverification of those dates and amounts of deposits as may be deemednecessary by the Attorney General; and (iv) amounts of and dates of anywithdrawal or transfer of funds the nonparticipating manufacturer made at anytime from such fund or from any other qualified escrow fund into which it hasat any time made escrow payments pursuant to Article 1 of this chapter; and
5. In the case of a nonparticipating manufacturer located outside of theUnited States, that it has provided a declaration on a form prescribed by theAttorney General from each of its importers into the United States of any ofits brand families to be sold in Virginia that such importer accepts jointand several liability with the nonparticipating manufacturer for all escrowdeposits due in accordance with § 3.2-4201, for all penalties assessed inaccordance with § 3.2-4201, and for payment of all costs and attorney feesimposed in accordance with this article. Such declaration shall appoint forthe declarant a resident agent for service of process in Virginia inaccordance with subsection A of § 3.2-4208.
E. A tobacco product manufacturer may not include a brand family in itscertification unless (i) in the case of a participating manufacturer, suchparticipating manufacturer affirms that the brand family is to be deemed tobe its cigarettes for purposes of calculating its payments under the MasterSettlement Agreement for the relevant year, in the volume and sharesdetermined pursuant to the Master Settlement Agreement; and (ii) in the caseof a nonparticipating manufacturer, said nonparticipating manufactureraffirms that the brand family is to be deemed to be its cigarettes forpurposes of Article 1 (§ 3.2-4200 et seq.) of this chapter. Nothing in thissection shall be construed as limiting or otherwise affecting theCommonwealth's right to maintain that a brand family constitutes cigarettesof a different tobacco product manufacturer for purposes of calculatingpayments under the Master Settlement Agreement or for purposes of Article 1of this chapter.
F. The tobacco product manufacturers shall maintain all invoices anddocumentation of sales and other such information relied upon for suchcertification for a period of five years, unless otherwise required by law tomaintain them for a greater period of time.
(2003, c. 798, § 3.1-336.4; 2006, c. 31; 2008, cc. 758, 860.)
