§ 480-b. Prohibition against the stamping of certain cigarettes. 1.\nEvery tobacco product manufacturer as defined by section thirteen\nhundred ninety-nine-oo of the public health law whose cigarettes are\nsold for consumption in this state shall annually certify under penalty\nof perjury that, as of the date of such certification, such tobacco\nproduct manufacturer:
(a)is a participating manufacturer as defined in\nsubdivision one of section thirteen hundred ninety-nine-pp of the public\nhealth law; or (b) is in full compliance with subdivision two of section\nthirteen hundred ninety-nine-pp of the public health law. Such\ncertification shall be executed and delivered to the commissioner, the\nattorney general and any agent who affixes New York state cigarette tax\nstamps to cigarettes
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§ 480-b. Prohibition against the stamping of certain cigarettes. 1.\nEvery tobacco product manufacturer as defined by section thirteen\nhundred ninety-nine-oo of the public health law whose cigarettes are\nsold for consumption in this state shall annually certify under penalty\nof perjury that, as of the date of such certification, such tobacco\nproduct manufacturer: (a) is a participating manufacturer as defined in\nsubdivision one of section thirteen hundred ninety-nine-pp of the public\nhealth law; or (b) is in full compliance with subdivision two of section\nthirteen hundred ninety-nine-pp of the public health law. Such\ncertification shall be executed and delivered to the commissioner, the\nattorney general and any agent who affixes New York state cigarette tax\nstamps to cigarettes of such tobacco product manufacturer, no earlier\nthan the sixteenth day of April and no later than the thirtieth day of\nApril of each year, and shall be accompanied by a list setting forth\neach of the cigarette brands of such tobacco product manufacturer sold\nfor consumption in New York state. Agents shall retain such\ncertifications for a period of five years.\n 2. An agent may not affix, or cause to be affixed, a New York state\ncigarette tax stamp to a package of cigarettes if either: (a) the\ntobacco product manufacturer of such cigarettes has not provided such\nagent with the certification required by subdivision one of this\nsection; or (b) the commissioner has notified such agent that such\ntobacco product manufacturer is in violation of section thirteen hundred\nninety-nine-pp of the public health law, or has filed a false\ncertification under subdivision one of this section, and such agent has\nnot been notified by the commissioner that such violation has ceased.\n 2-a. An agent may not affix, or cause to be affixed, a New York state\ncigarette tax stamp to a package of cigarettes unless: (a) the\ncigarettes have been certified by the manufacturer if certification is\nrequired under subdivision three of section one hundred fifty-six-c of\nthe executive law; and (b) the package has been marked in such manner as\nmay be required by subdivision six of section one hundred fifty-six-c of\nthe executive law.\n 3. The commissioner shall prescribe the form of the certification\nrequired to be filed pursuant to subdivision one of this section, and is\nauthorized to collect and retain any information he or she may require\nto assure compliance with this section by agents and tobacco product\nmanufacturers.\n