Section 5702.305 - [See Note] Agent for service of process(a) Appointment of agent.--A nonresident or foreign nonparticipating manufacturer shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage the services of an agent located in this Commonwealth to act as agent for the service of process for any action or proceeding against it relating to the enforcement of this act and the Tobacco Settlement Agreement Act. Service by certified mail on the agent shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, telephone number, proof of the appointment and availability of the agent to the Attorney General in a manner prescribed by the Attorney General.(b) Notice.--A nonparticipating manufacturer shall provide notice to the Attorney General 30 calendar days prior to termination of the agent appointed under subsection (a). A nonparticipating manufacturer shall provide proof, as required by the Attorney General, of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent. In the event an agent terminates the appointment, the nonparticipating manufacturer shall notify the Attorney General of the termination within five calendar days and include proof, as required by the Attorney General, of the appointment of a new agent.(c) Secretary of Commonwealth.--A nonparticipating manufacturer whose products are sold in this Commonwealth without the appointment of an agent under this section shall be deemed to have appointed the Secretary of the Commonwealth as its agent and may be proceeded against in the courts of this Commonwealth by service of process upon the Secretary of the Commonwealth. The appointment of the Secretary of the Commonwealth under this subsection shall not serve as a condition precedent for including or retaining the brand families of the nonparticipating manufacturer in the directory.(d) Importers.--Each importer of cigarettes into the United States of any nonparticipating manufacturer's brand families that are sold in this Commonwealth shall appoint an agent for service of process located in this Commonwealth pursuant to the same requirements provided by this section. The importers shall be subject to personal jurisdiction within this Commonwealth. The nonparticipating manufacturer shall bear responsibility for ensuring its importers' compliance with this act. Failure to ensure compliance shall constitute grounds for removal of the nonparticipating manufacturer's brand families from the directory.Amended by P.L. TBD 2023 No. 11, § 5, eff. 60 days after the Office of Attorney General publishes notice of consent under section 2(2)(ii) of the 2023 act.2003, Dec. 30, P.L. 441, No. 64, § 305, imd. effective.Section 9 of the 2023 amending legislation provides that the amendment to this section shall take effect 60 days after publication of the notice of consent under section 8(2)(ii) of the act.This section is set out more than once due to postponed, multiple, or conflicting amendments.