Section 24-3-5.4-13 - Tobacco product manufacturer certification; brand family list; maintenance of sales documentation by nonparticipating manufacturer(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:(B) section 13.5 of this chapter, if applicable;(C) section 13.6 of this chapter, if applicable; and(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.As added by P.L. 252-2003, SEC.16. Amended by P.L. 24-2010, SEC.3.