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§ 5702.304. Required information

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: March 6, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 27F. Tobacco Product Manufacturer Directory Act
Chapter 3. Tobacco Product Manufacturers Directory
Effective: March 6, 2024
35 P.S. § 5702.304
§ 5702.304. Required information
Currentness
(a) Participating manufacturers.--A participating manufacturer shall include in its certification a list of its brand families. A supplemental certification shall be filed if brand families change during the year.
(b) Nonparticipating manufacturers.--A nonparticipating manufacturer shall include in its certification the following:
(1) A list of all of its brand families that were sold in this Commonwealth during the preceding calendar year, including the number of units sold for each brand family.
(2) A list of all of its brand families that have been sold in this Commonwealth during the current calendar year.
(3) The following:
(i) The name, address and telephone number of the financial institution where the nonparticipating manufacturer and its importers have established a qualified escrow fund.
(ii) The account number of each qualified escrow fund and each subaccount number for the escrow account established for the benefit of the Commonwealth.
(iii) The amount the nonparticipating manufacturer and its importers placed in qualified escrow funds for cigarettes sold in this Commonwealth during the preceding calendar year, the date and amount of each deposit and any other evidence of the deposit required by the Attorney General.
(iv) The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer or its importers made from qualified escrow funds at any time or from any other qualified escrow fund into which the nonparticipating manufacturer or its importers made escrow payments under the Tobacco Settlement Agreement Act.
(v) The name and address of any other manufacturer of its brand families in the current or preceding calendar year. A supplemental certification shall be filed if brand families change during the course of the year.
(4) If the nonparticipating manufacturer's cigarettes are manufactured outside of the United States, a complete list of its importers into the United States who sell cigarettes into this Commonwealth and the brand families sold by the importers, including the importer's name, address, contact name, phone number and email address at which the importer can be reached, and a declaration signed by each importer on a form prescribed by the Attorney General. The declaration shall state the following:
(i) The importer accepts joint and several liability with the nonparticipating manufacturer for each obligation to place money into a qualified escrow fund and for payment of civil penalties, costs, expenses and attorney's fees related to the nonparticipating manufacturer's failure to deposit escrow as required.
(ii) The importer consents to personal jurisdiction in this Commonwealth for the purposes of claims by the Commonwealth for any obligations to place money into a qualified escrow fund and for payment of civil penalties, costs, expenses and attorney's fees related to the escrow obligations.
(iii) The importer has appointed an agent for service of process in this Commonwealth according to the same requirements under section 305.1
(iv) The importer holds a valid permit under 26 U.S.C. § 5713 (relating to permit).
(v) The importer agrees to provide any information required under this act.
(c) Brand requirements.--In order to include a brand family in its certification, a tobacco product manufacturer must:
(1) in the case of a participating manufacturer, affirm 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 under the Master Settlement Agreement; or
(2) in the case of a nonparticipating manufacturer, affirm that the brand family is deemed to be its cigarettes for purposes of the Tobacco Settlement Agreement Act.
(d) Escrow fund.--A nonparticipating manufacturer whose products have not previously been sold in this Commonwealth shall deposit funds into a qualified escrow fund on a quarterly basis during the first 12 months it has sales in this Commonwealth and shall file supplemental certifications with the Attorney General. The deposit and certification for sales in the first calendar quarter shall be due May 15, the deposit and certification for the second calendar quarter shall be due August 15, the deposit and certification for the third calendar quarter shall be due November 15, and the deposit and certification for the fourth calendar quarter shall be due February 15 of the following year.
(e) Construction.--Nothing in this section shall be construed as limiting or otherwise affecting the Commonwealth'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 and the Tobacco Settlement Agreement Act.

Credits

2003, Dec. 30, P.L. 441, No. 64, § 304, imd. effective. Amended 2023, Oct. 11, P.L. 51, No. 11, § 4, effective 60 days after published notice of consent at 54 Pa.B. 72 [March 6, 2024].

Footnotes

1
35 P.S. § 5702.305.
35 P.S. § 5702.304, PA ST 35 P.S. § 5702.304
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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