Sec. 4-28m. Cigarette manufacturers: Directory. Violations of law. Review.
Sec. 4-28m. Cigarette manufacturers: Directory. Violations of law. Review.
(a)(1) Not later than July 1, 2005, the commissioner shall develop and make available
for public inspection, on the Department of Revenue Services' website and in such other
forms as the commissioner deems appropriate, a directory listing of all tobacco product
manufacturers that have provided current and accurate certifications conforming to the
requirements of section 4-28l and all brand families that are listed in such certifications.
The commissioner shall update the directory as necessary in order to correct mistakes
and to add or remove a tobacco product manufacturer or brand family to keep the directory current and in conformity with the requirements of sections 4-28k to 4-28r, inclusive.
(2) The commissioner shall not include or retain in such directory the name or brand
families of any manufacturer that has failed to provide the required certification or whose
certification the commissioner determines is not in compliance with the provisions of
section 4-28l, unless such violation has been remedied to the satisfaction of the commissioner.
(3) The commissioner shall not include or retain in the directory any brand family
of a nonparticipating manufacturer if the commissioner concludes: (A) All escrow payments required pursuant to the provisions of sections 4-28h to 4-28j, inclusive, for any
period for any brand family, whether or not listed by such nonparticipating manufacturer,
have not been fully paid into a qualified escrow fund governed by a qualified escrow
agreement that has been approved by the Attorney General, or (B) any outstanding final
judgment, including interest thereon, for a violation of sections 4-28h to 4-28j, inclusive,
has not been fully satisfied for such brand family and such manufacturer.
(b) It shall be unlawful for any person:
(1) To affix a tax stamp to a package or other container of cigarettes of a tobacco
product manufacturer or brand family not included in the directory; and
(2) To sell, offer, possess for sale or distribute in this state, cigarettes of a tobacco
product manufacturer or brand family not included in the directory.
(c) A violation of subsection (b) of this section shall be a class A misdemeanor.
(d) Any person who violates subsection (b) of this section engages in an unfair and
deceptive trade practice in violation of section 42-110b.
(e) A determination by the commissioner not to include a brand family or tobacco
product manufacturer in the directory maintained pursuant to this section or to remove
such brand family or manufacturer from the directory shall be subject to review in the
manner prescribed by section 12-311.
(P.A. 04-218, S. 3.)