Sec. 4-28l. Cigarette Manufacturers: Enforcement. Certification.
Sec. 4-28l. Cigarette Manufacturers: Enforcement. Certification. (a) Any tobacco product manufacturer whose cigarettes are sold in this state, whether directly or
through a distributor, retailer or similar intermediary or intermediaries, shall execute a
certification annually on a form prescribed by the commissioner, certifying under penalty of law for false statement that, as of the date of such certification, such tobacco
product manufacturer is either a participating manufacturer or is in full compliance with
the provisions of sections 4-28h to 4-28j, inclusive. Such tobacco product manufacturer
shall deliver such certificate to the commissioner and Attorney General no later than
April thirtieth of each year. Each tobacco product manufacturer shall maintain all invoices and documentation of sales and other such information relied upon for such
certification for a period of five years unless otherwise required by law to maintain them
for a longer period of time.
(b) If a tobacco product manufacturer is a participating manufacturer, such manufacturer shall include in its certification a list of its brand families. The participating
manufacturer shall update such list thirty days prior to any addition to, or modification
of, its brand families by executing and delivering a supplemental certification to the
Attorney General and the commissioner.
(c) If the tobacco product manufacturer is a nonparticipating manufacturer, such
manufacturer shall include in its certification: (1) A list of all of its brand families and
the number of units of each brand family that were sold in the state during the preceding
calendar year; (2) a list of all of its brand families that have been sold in the state at any
time during the current calendar year; (3) an indication, by an asterisk, of 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 such certification; and (4) the name and address of any other
manufacturer of such brand families in the preceding or current calendar year. Each
nonparticipating manufacturer shall update such list thirty days prior to any addition
to, or modification of, its brand families by executing and delivering a supplemental
certification to the Attorney General and the commissioner.
(d) If the tobacco product manufacturer is a nonparticipating manufacturer, such
manufacturer shall further (1) certify that such nonparticipating manufacturer is registered to do business in this state pursuant to title 33 or 34 as a foreign corporation or
business entity or has appointed an agent for service of process and provided notice
thereof as required by section 4-28n, (2) certify that such nonparticipating manufacturer
has established and continues to maintain a qualified escrow fund and has executed a
qualified escrow agreement that governs the qualified escrow fund, (3) certify that such
nonparticipating manufacturer is in full compliance with the provisions of sections 4-28h to 4-28r, inclusive, and any regulations adopted under sections 4-28h to 4-28r,
inclusive, and (4) provide (A) the name, address and telephone number of the financial
institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to the provisions of sections 4-28h to 4-28j, inclusive, and
all regulations adopted under sections 4-28h to 4-28j, inclusive; (B) the account number
of such qualified escrow fund and subaccount number for the state of Connecticut; (C)
the amount that such nonparticipating manufacturer placed in such fund for cigarettes
sold in the state during the preceding calendar year, the date and amount of each such
deposit, and such evidence or verification as may be deemed necessary by the commissioner or the Attorney General, to confirm the foregoing; and (D) the amounts of and
dates of any withdrawal or transfer of funds the nonparticipating manufacturer made at
any time from such fund or from any other qualified escrow fund into which it ever
made escrow payments pursuant to the provisions of sections 4-28h to 4-28j, inclusive,
and all regulations adopted under sections 4-28h to 4-28j, inclusive.
(e) A tobacco product manufacturer may not include in its certification a brand
family unless (1) in the case of a participating manufacturer, the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of
calculating its payments under the Master Settlement Agreement for the relevant year,
in the volume and shares determined pursuant to the Master Settlement Agreement; and
(2) in the case of a nonparticipating manufacturer, such nonparticipating manufacturer
affirms that the brand family is to be deemed to be its cigarettes for purposes of sections 4-28h to 4-28j, inclusive. Nothing in this section shall be construed as limiting or otherwise
affecting 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 sections 4-28h to 4-28j, inclusive.
(P.A. 04-218, S. 2.)