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131.608 Certification to Attorney General by participating and nonparticipating tobacco product manufacturers -- Contents -- Scope -- Records.

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Page 1 of 2 131.608 Certification to Attorney General by participating and nonparticipating tobacco product manufacturers -- Contents -- Scope -- Records. (1) Prior to selling cigarettes in Kentucky, directly or through a distributor, retailer, or similar intermediary or intermediaries, every tobacco product manufacturer shall <br>certify as true under penalty of perjury that, as of the date of certification, the <br>tobacco product manufacturer is a participating manufacturer or nonparticipating <br>manufacturer in full compliance with the provisions of KRS 131.602 and 131.620. <br>The tobacco product manufacturer shall execute and deliver the certification to the <br>Attorney General on a form prescribed by the Attorney General no later than April <br>30 of each year. (2) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty (30) calendar <br>days prior to any addition to or modification of its brand families by executing and <br>delivering a supplemental certification to the Attorney General. (3) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families and provide the following: <br>(a) A separate list of its brand families of cigarettes and the number of units sold for each brand family that were sold in Kentucky during the preceding <br>calendar year; (b) A separate list of all of its brand families that have been sold in Kentucky at any time during the current calendar year including: <br>1. Indicating by an asterisk any brand family sold in Kentucky during the <br>preceding calendar year that is no longer being sold in Kentucky as of <br>the date of the certification; and 2. Identifying by name and address any other manufacturer of such brand <br>families in the preceding or current calendar year; and (c) Verification that the nonparticipating manufacturer has provided the following: <br>1. The name, address, and telephone number of the financial institution <br>where the nonparticipating manufacturer has established a qualified <br>escrow fund required under KRS 131.602 and all regulations <br>promulgated thereunder. 2. The account number of the qualified escrow fund and any subaccount <br>number for the state of Kentucky. 3. The amount the nonparticipating manufacturer placed in the fund for <br>cigarettes sold in Kentucky during the preceding calendar year, the date <br>and amount of each deposit and evidence or verification, as may be <br>deemed necessary, by the Attorney General to confirm the foregoing. 4. The amount and date of any withdrawal or transfer of funds the <br>nonparticipating manufacturer made at any time from the fund, or from <br>any other qualified escrow fund into which it ever made escrow <br>payments pursuant to KRS 131.602 and all administrative regulations <br>promulgated thereto. Page 2 of 2 (4) In the case of a nonparticipating manufacturer, the certification shall further certify: (a) That the nonparticipating manufacturer is registered to do business in Kentucky or has appointed a resident agent for service of process and <br>provided notice as required by KRS 131.614. (b) That the nonparticipating manufacturer has established and continues to maintain a qualified escrow fund pursuant to KRS 131.602 and has executed a <br>qualified escrow agreement that governs the qualified escrow fund and that <br>has been reviewed and approved by the Attorney General. (c) That the nonparticipating manufacturer is in full compliance with KRS 131.602, 131.604 to 131.630, and any administrative regulations promulgated <br>pursuant thereto. (5) A tobacco product manufacturer may not include a brand family in its certification unless: <br>(a) 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 <br>of calculating its payments under the master settlement agreement for the <br>relevant year, in the volume and shares determined pursuant to the master <br>settlement agreement. (b) In the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes <br>pursuant to KRS 131.602. (6) The nonparticipating manufacturer shall update all lists thirty (30) calendar days prior to any addition to or modification of its brand families by executing and <br>delivering a supplemental certification to the Attorney General. (7) 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 <br>tobacco product manufacturer for purposes of calculating payments under the <br>master settlement agreement or for purposes of KRS 131.602. (8) The tobacco product manufacturers shall maintain all invoices and documentation of sales and other information relied upon for a certification for a period of five (5) <br>years. Effective: April 6, 2003 <br>History: Created 2003 Ky. Acts ch. 194, sec. 3, effective April 6, 2003.