§ 9-4-1205 — Certifications; directory; tax stamps

(a) Every tobacco product manufacturer whose cigarettes
are sold in this state, whether directly or through a
distributor, retailer or similar intermediary, shall annually
execute and deliver on a form prescribed by the attorney general
a certification to the department and the attorney general no
later than April 30 of each year, certifying under penalty of
false swearing that, as of the date of the certification, the
tobacco manufacturer either is a participating manufacturer or
is otherwise in full compliance with this act and W.S. 9-4-1202.
(b) A participating manufacturer shall include a complete
list of its brand families in its certification under this
section. The participating manufacturer shall update its list
thirty (30) days prior to any addition to, or modification of,
its brand families by executing and delivering a supplemental
certification to the department and the attorney general.
(c) In the case of a nonparticipating manufacturer:
(i) The certification shall include a complete list
of its brand families:
(A) Separately listing its brand families of
cigarettes and the number of units sold for each brand family
that were sold in the state during the preceding calendar year;
(B) That have been sold in the state at any time
during the current calendar year;
(C) Indicating by an asterisk, any brand family
sold in the state during the preceding calendar year that is no
longer being sold in the state as of the date of the
certification; and
(D) Identifying by name and address any other
manufacturer of the brand families in the preceding or current
calendar year.
(ii) The certification shall further certify:
(A) That the nonparticipating manufacturer is
registered to do business in the state or has appointed a
resident agent in the state for service of process and has
provided notice with respect to the appointment of an agent as
required by W.S. 9-4-1206(b);
(B) That the nonparticipating manufacturer has
established and continues to maintain a qualified escrow fund
and has executed a qualified escrow agreement that has been
reviewed and approved by the attorney general and that governs
the qualified escrow fund;
(C) That the nonparticipating manufacturer is in
full compliance with W.S. 9-4-1202, this act and any regulations
promulgated thereto;
(D) The name, address and telephone number of
the financial institution where the nonparticipating
manufacturer has established the qualified escrow fund required
under W.S. 9-4-1202(a)(ii), the account number of the qualified
escrow fund and subaccount number for the state, the amount the
nonparticipating manufacturer placed in the fund for cigarettes
sold in the state during the preceding calendar year, the date
and amount of each deposit and evidence or verification as may
be deemed necessary by the attorney general to confirm the
deposit and the amount and date of any withdrawal or transfer of
funds the nonparticipating manufacturer made at any time from
the fund or from any other qualified escrow fund into which it
ever made escrow payments pursuant to W.S. 9-4-1202.
(d) A tobacco product manufacturer shall not include a
brand family in its certification unless:
(i) In the case of a participating manufacturer, the
participating manufacturer affirms that the brand family is to
be deemed to be its cigarettes for the purpose of calculating
payments under the master settlement agreement for the relevant
year, in the volume and shares determined pursuant to the master
settlement agreement; or
(ii) In the case of a nonparticipating manufacturer,
the nonparticipating manufacturer affirms that the brand family
is to be deemed to be its cigarettes for purposes of W.S.