§ 24-3-5.4-14 — Brand family directory; refunds

Indiana § 24-3-5.4-14

• Jurisdiction: Indiana
• Art. 3: TOBACCO PRODUCTS
• Ch. 5.4: Master Settlement Agreement Protection Act

Text

(a) Not later than July 1 of each year, the
attorney general shall make available to the public by publishing on
accessIndiana (as operated under IC 4-13.1-2) a directory listing all
brand families listed in certifications filed under section 13 of this
chapter.
(b) A directory described in subsection (a) shall not include the
name or brand families of a nonparticipating manufacturer:
(1) that fails to comply with section 13 of this chapter;
(2) whose certification fails to comply with section 13(c) or 13(e)
of this chapter, unless the attorney general determines that the
failure has been remedied; or
(3) that:
(A) has filed a certification under section 13 of this chapter; and
(B) poses an elevated risk for noncompliance, as determined by
the attorney general under section 13.6(a) of this chapter;
unless the nonparticipating manufacturer, or an importer that
assumes joint and several liability with the nonparticipating
manufacturer under section 13.5 of this chapter, posts a bond
under section 13.6 of this chapter.
(c) The directory may not include a tobacco product manufacturer
or a brand family if the attorney general concludes that:
(1) in the case of a nonparticipating manufacturer, all escrow
payments required under IC 24-3-3-12 for any period for any
brand family, whether or not listed by the nonparticipating
manufacturer, have not been fully paid into a qualified escrow
fund governed by a qualified escrow agreement that has been
approved by the attorney general; or
(2) all outstanding final judgments, including interest on the
judgments, for violations of IC 24-3-3 have not been fully
satisfied for the tobacco product manufacturer or brand family.
(d) The directory may not include a newly qualified nonparticipating
manufacturer unless the newly qualified nonparticipating manufacturer
posts a bond under section 13.6 of this chapter.
(e) The attorney general shall update the directory as necessary to
correct mistakes or to add or remove a tobacco product manufacturer
or brand family to keep the directory in conformity with the
requirements of this chapter.
(f) The attorney general shall post in the directory and transmit by
electronic mail or other means to each distributor or stamping agent
notice of any removal from the directory of a tobacco product
manufacturer or brand family not later than thirty (30) days before the
attorney general removes the tobacco product manufacturer or brand
family from the directory.
(g) Unless otherwise provided in an agreement between a tobacco
product manufacturer and a distributor or stamping agent, a distributor
or stamping agent is entitled to a refund from a tobacco product
manufacturer for any money paid by the distributor or stamping agent
to the tobacco product manufacturer for any cigarettes of the tobacco
product manufacturer or brand family that:
(1) are in the possession of the distributor or stamping agent on;
or
(2) the distributor or stamping agent receives from a retailer after;
the date on which the tobacco product manufacturer or brand family is
removed from the directory.
(h) Unless otherwise provided in an agreement between a retailer
and a distributor, stamping agent, or tobacco product manufacturer, a
retailer is entitled to a refund from a distributor, stamping agent, or
tobacco product manufacturer for any money paid by the retailer to the
distributor, stamping agent, or tobacco product manufacturer for any
cigarettes of the tobacco product manufacturer or brand family that are
in the possession of the retailer on the date on which the tobacco
product manufacturer or brand family is removed from the directory.
(i) The attorney general shall not restore a tobacco product
manufacturer or brand family to the directory until the tobacco product
manufacturer pays a distributor, stamping agent, or retailer any refund
due under subsection (g) or (h).
(j) A distributor or stamping agent shall provide and update as
necessary an electronic mail address to the attorney general for
purposes of receiving a notification required by this chapter.

Legislative History

As added by P.L.252-2003, SEC.16. Amended by P.L.177-2005, SEC.44; P.L.24-2010, SEC.6.