§ 5702.301. Directory
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: March 6, 2024
Effective: March 6, 2024
35 P.S. § 5702.301
§ 5702.301. Directory
The Attorney General shall develop and publish a directory of all tobacco product manufacturers and their brand families that have provided current and accurate certification under section 303.1 The directory shall be available on the Office of Attorney General's publicly accessible Internet website. The following shall apply:
(ii) The manufacturer has failed to make any payment required under the Tobacco Settlement Agreement Act, including applicable penalties, for any period for any brand family, whether or not listed by the tobacco product manufacturer, including all payments or penalties required from prior manufacturers of those brands, into a qualified escrow fund approved by the Attorney General. For purposes of retention on the directory, the Commonwealth's recovery of any amount from execution of a bond under section 3132 shall not excuse a manufacturer's failure to timely deposit escrow as required by the Tobacco Settlement Agreement Act, notwithstanding if the bond fully covers the escrow owed and any other costs, fees or penalties that may be applicable.
(iv) The requirements of section 303(a), 304(b), 312 or 3133 have not been satisfied.
(v) The Commonwealth has executed upon a bond under section 313 due to the manufacturer's failure to timely deposit escrow as required. This ground for exclusion or removal from the directory shall remain notwithstanding whether the manufacturer's escrow obligations and other costs were fully covered by the amount recovered by the Commonwealth under the bond.
(3) The Attorney General shall provide notice to the registered agent of the affected tobacco product manufacturer when the Attorney General determines to add a manufacturer or its brand families or to remove the manufacturer or its brand families from the directory. A determination of the Attorney General to remove a tobacco product manufacturer or brand families from the directory shall take effect 21 days after notice of that determination appears in the directory.
Credits
2003, Dec. 30, P.L. 441, No. 64, § 301, imd. effective. Amended 2023, Oct. 11, P.L. 51, No. 11, § 2, effective 60 days after published notice of consent at 54 Pa.B. 72 [March 6, 2024].
Footnotes
35 P.S. § 5702.303.
35 P.S. § 5702.313.
35 P.S. § 5702.303, 5702.304, 5702.312 or 5702.313.
35 P.S. § 5702.301, PA ST 35 P.S. § 5702.301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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