This text of Indiana § 24-3-5.4-13 (Tobacco product manufacturer certification; brand family list;
maintenance of sales documentation by nonparticipating manufacturer) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Not later than April 30 of each year, a
tobacco product manufacturer whose cigarettes are sold in Indiana,
whether directly or through a distributor, retailer, or similar
intermediary, shall certify to the department and the attorney general
that, as of the date of the certification, the tobacco product
manufacturer is:
(1)a participating manufacturer; or
(2)in full compliance with IC 24-3-3.
The department shall prescribe the form of the certification.
(b)A participating manufacturer shall include in a certification
under subsection (a) a list of the participating manufacturer's brand
families. The participating manufacturer shall update the list by filing
a supplemental certification with the department and the attorney
general not less than thirty (30) days before the participati
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(a) Not later than April 30 of each year, a
tobacco product manufacturer whose cigarettes are sold in Indiana,
whether directly or through a distributor, retailer, or similar
intermediary, shall certify to the department and the attorney general
that, as of the date of the certification, the tobacco product
manufacturer is:
(1) a participating manufacturer; or
(2) in full compliance with IC 24-3-3.
The department shall prescribe the form of the certification.
(b) A participating manufacturer shall include in a certification
under subsection (a) a list of the participating manufacturer's brand
families. The participating manufacturer shall update the list by filing
a supplemental certification with the department and the attorney
general not less than thirty (30) days before the participating
manufacturer adds a brand family or otherwise modifies the list of
brand families.
(c) A nonparticipating manufacturer shall include in a certification
under subsection (a) a list of the nonparticipating manufacturer's brand
families, including the following:
(1) A separate listing of each brand family that was sold in
Indiana during the calendar year before the year in which the
certification is filed.
(2) A separate listing of the number of units sold for each brand
family that was sold in Indiana during the calendar year before the
year in which the certification is filed.
(3) An indication of any brand family that was sold in Indiana
during the calendar year before the year in which the certification
is filed and that is not sold in Indiana as of the date of the
certification.
(4) The name and address of any other manufacturer of a brand
family that was sold in Indiana during the calendar year before the
year in which the certification is filed.
(d) A nonparticipating manufacturer shall file a supplemental
certification with the attorney general not less than thirty (30) days
before the nonparticipating manufacturer adds to or otherwise modifies
its list of brand families.
(e) A nonparticipating manufacturer shall certify the following in a
certification under subsection (a):
(1) The nonparticipating manufacturer:
(A) is registered to do business in Indiana; or
(B) has appointed an agent for service of process and provided
notice under section 16 of this chapter.
(2) The nonparticipating manufacturer has:
(A) established and continues to maintain a qualified escrow
fund; and
(B) executed a qualified escrow agreement that:
(i) the attorney general has approved; and
(ii) governs the qualified escrow fund.
(3) The nonparticipating manufacturer is in full compliance with:
(A) this section;
(B) section 13.5 of this chapter, if applicable;
(C) section 13.6 of this chapter, if applicable; and
(D) IC 24-3-3.
(4) The name, address, and telephone number of the financial
institution that holds the nonparticipating manufacturer's qualified
escrow fund.
(5) The account number and any subaccount numbers of the
nonparticipating manufacturer's qualified escrow fund.
(6) The amounts and dates of deposits that the nonparticipating
manufacturer placed in the qualified escrow fund for cigarettes
sold in Indiana during the calendar year before the year in which
the certification is filed, including any verification required by the
attorney general.
(7) The amounts and dates of withdrawals or transfers of funds
that the nonparticipating manufacturer made from a qualified
escrow fund into which the nonparticipating manufacturer made
or makes escrow payments under IC 24-3-3.
(f) A tobacco product manufacturer shall not include a brand family
in the tobacco product manufacturer's certification under subsection (a)
unless:
(1) in the case of a participating manufacturer, the participating
manufacturer affirms that the brand family is considered the
participating manufacturer's cigarettes for purposes of calculating
the participating manufacturer's payments under the master
settlement agreement for the year in which the certification is
filed in the volume and shares determined under the master
settlement agreement; or
(2) in the case of a nonparticipating manufacturer, the
nonparticipating manufacturer affirms that the brand family is
considered to be the nonparticipating manufacturer's cigarettes for
purposes of IC 24-3-3-12(2).
(g) This section does not limit or otherwise affect 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 IC 24-3-3.
(h) A nonparticipating manufacturer shall maintain all invoices and
documentation of sales and any other relevant information for a period
of five (5) years unless otherwise required by law to maintain the
invoices, documentation of sales, or other relevant information for
more than five (5) years.