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§ 999.24. Waiver of Sovereign Immunity by Manufacturers and Importers.

11 CA ADC § 999.24Barclays Official California Code of RegulationsEffective: July 1, 2022

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 16. Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health & Safety Code Sections 104555-104557)
Effective: July 1, 2022
11 CCR § 999.24
§ 999.24. Waiver of Sovereign Immunity by Manufacturers and Importers.
Currentness
(a) Every manufacturer and every importer of Cigarettes for sale in California must either waive any sovereign immunity defense to enforcement by the Attorney General or CDTFA of Division 8.6 (commencing with section 22970) of the Business and Professions Code, sections 104555 to 104557, inclusive, of the Health and Safety Code, Part 13 (commencing with section 30001) of Division 2 of the Revenue and Taxation Code, and regulations adopted to implement those statutes, or file a surety bond conditioned upon the performance by the manufacturer or importer of all its duties and obligations under those laws and regulations. The form and manner of any such waiver of sovereign immunity and surety bond must be acceptable to the Attorney General. If directed by the Attorney General, the manufacturer or importer shall include with its fully executed waiver a legal opinion from an attorney confirming that the person or persons executing the waiver have the requisite authority to waive the manufacturer's or importer's sovereign immunity defenses and that the waiver is effective and valid under all applicable federal, state, tribal and foreign laws.
(b) Every manufacturer and importer that may potentially assert tribal sovereign immunity defenses, or that is so directed by the Attorney General, shall complete a JUS-TOB9 in order to waive sovereign immunity defenses. Manufacturers and importers that may potentially assert tribal sovereign immunity defenses include companies where any of the following is true:
(1) the business is owned by a Native American tribe;
(2) the business is chartered by a Native American tribe;
(3) the business is operated for the benefit of a Native American tribe; or
(4) the business is an “arm” of a Native American tribe.
(c) Every manufacturer and importer that is directly owned, in whole or majority part, by a state, federal, or any other foreign or domestic governmental organization, or that is so directed by the Attorney General, shall have their government's ambassador to the United States complete a JUS-TOB10.
(d) Every manufacturer and importer not described in (b) or (c) above shall complete a JUS-TOB11. This includes, but is not limited to, manufacturers and importers that:
(1) are owned by a member or members of an Indian or native American tribe:
(2) were formed by one or more members of a tribe;
(3) were formed under an Indian tribal code; or
(4) whose premises, including but not limited to, any manufacturing or storage facility of the manufacturer or its affiliate, including any importers, distributors, wholesalers, or retailers who distribute or sell cigarettes made by the manufacturer, are located on an Indian reservation or other Indian country.
(e) Every Tobacco Product Manufacturer shall complete and attach a JUS-TOB8, as required in section 999.29, to identify all the Cigarettes manufactured in or imported into the United States.

Credits

Note: Authority cited: Section 30165.1, Revenue and Taxation Code. Reference: Section 22979, Business and Professions Code; and Section 30165.1, Revenue and Taxation Code.
History
1. New section filed 4-11-2011 as an emergency; operative 4-11-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of subsection (d) and Note, refiled 10-7-2011 as an emergency; operative 10-7-2011 (Register 2011, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-5-2012 or emergency language will be repealed by operation of law on the following day.
3. New section, including amendments, refiled 1-3-2012 as an emergency; operative 1-5-2012 pursuant to Government Code section 11343.4(b) (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-5-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-3-2012 order transmitted to OAL 3-26-2012 and filed 5-7-2012 (Register 2012, No. 19).
5. Amendment of section and Note filed 5-19-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 20). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 11, § 999.24, 11 CA ADC § 999.24
End of Document