[§486P-5]  Certification; participating

manufacturers; nonparticipating manufacturers.  (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 in the manner prescribed by the attorney general, a

certification to the attorney general no later than September 30, 2003, and no

later than the thirtieth day of April each year thereafter, certifying that as

of the date of the certification the tobacco product manufacturer is either a

participating manufacturer or is in full compliance with section 675-3(b).

     (b)  A participating manufacturer shall include

in its certification a list of its brand families.  The participating

manufacturer shall update the list thirty 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

include in its certification:

     (1)  A complete list of all of its brand families that

identifies by name and address any other manufacturer of the brand families,

and that includes:

         (A)  A list of all of its brand families of

cigarettes and of the number of units sold for each brand family that was sold

in the State during the preceding calendar year, indicating by an asterisk any

brand family that is no longer being sold in the State as of the date of the

certification; and

         (B)  A list of its brand families that have been

sold in the State at any time during the current calendar year.

          The nonparticipating manufacturer shall update

the list thirty days prior to any addition to or modification of its brand

families by executing and delivering a supplemental certification to the

attorney general;

     (2)  A statement that such nonparticipating

manufacturer is registered to do business in the State, or that such

nonparticipating manufacturer is a nonresident or foreign nonparticipating

manufacturer that has not registered to do business in this State as a foreign

corporation or business entity and has appointed an agent for service of

process and provided notice thereof pursuant to section 486P-4;

     (3)  A statement that the nonparticipating

manufacturer has established and continues to maintain a qualified escrow fund

required pursuant to section 675-3(b)(1), including:

         (A)  The name, address, and telephone number of

the financial institution where the nonparticipating manufacturer has

established such qualified escrow fund;

         (B)  The account number of the qualified escrow

fund or any sub-account number for the State;

         (C)  The amount the nonparticipating

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 to

confirm the foregoing; and

         (D)  The amount and date of any withdrawal or

transfer of funds the nonparticipating manufacturer made at any time

from the fund or from any other qualified escrow fund into which the

nonparticipating manufacturer made escrow payments pursuant to section

675-3(b)(1);

     (4)  A statement that the nonparticipating

manufacturer has executed a qualified escrow agreement that has been reviewed

and approved by the attorney general and that governs the qualified escrow

fund; and

     (5)  A statement that the nonparticipating

manufacturer is in full compliance with this chapter, chapter 675, and any

rules adopted to implement this chapter or chapter 675.

     (d)  A tobacco product manufacturer may not

include a brand family in its certification unless:

     (1)  In the case of a participating manufacturer, the

participating manufacturer affirms that the brand family is to 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

     (2)  In the case of a nonparticipating manufacturer,

the nonparticipating manufacturer affirms that the brand family is to be deemed

to be its cigarettes for purposes of chapter 675.

     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 chapter 675.

     (e)  The attorney general may require at any

time from the nonparticipating manufacturer proof, from the financial

institution in which a tobacco product manufacturer has established a qualified

escrow fund for the purpose of compliance with section 675-3(b)(1), of the

amount of money in such fund, exclusive of interest, the amount and date of each

deposit to such fund, and the amount and date of each withdrawal from such

fund.

     (f)  A tobacco product manufacturer shall

maintain and make available to the attorney general, pursuant to this chapter,

all invoices and documentation of sale and other such information relied upon

for certification for a period of five years unless otherwise required by law.

[L 2003, c 77, pt of §2]