Section 43.50.460. Tobacco product manufacturer certifications.

   (a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form or in the manner prescribed by the commissioner a certification to the commissioner, no later than April 30 of each year, certifying, under penalty of perjury, that, as of the date of the certification, the tobacco product manufacturer is either a participating manufacturer or is in full compliance with AS 45.53.
   (b) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list 30 days before any addition or modification to its brand families by executing and delivering a supplemental certification to the commissioner.
   (c) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families. The nonparticipating manufacturer shall update the list 30 days before any addition or modification to its brand families by executing and delivering a supplemental certification to the commissioner. A nonparticipating manufacturer's certification must
        (1) separately list brand families of cigarettes and the number of units sold for each brand family that was sold in the state during the preceding calendar year;
        (2) list all of its brand families that have been sold in the state at any time during the current calendar year;
        (3) indicate by an asterisk 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 the certification; and
        (4) identify by name and address any other manufacturer of the listed brand families in the preceding calendar year.
   (d) For a nonparticipating manufacturer, the certification required by (a) of this section must additionally certify that the nonparticipating manufacturer
        (1) is registered to do business in the state or has appointed a resident agent for service of process and provided notice of the appointment as required by AS 43.50.475;
        (2) has
             (A) established and continues to maintain a qualified escrow fund; and
             (B) executed a qualified escrow agreement that has been reviewed and approved by the Department of Law and that governs the qualified escrow fund; and
        (3) is in full compliance with AS 45.53 and this section, and any regulations adopted under those statutes.
   (e) For a nonparticipating manufacturer, the certification must also include the
        (1) name, address, telephone number, and electronic mail address of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required under AS 45.53 and the regulations adopted under that chapter;
        (2) account number of the qualified escrow fund and sub-account number for the State of Alaska;
        (3) amount that the non-participating manufacturer placed in the qualified escrow fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each such deposit, and the evidence or verification considered necessary by the commissioner to confirm the information submitted under this section; and
        (4) amounts of and dates of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments in accordance with AS 45.53 and the regulations adopted under that chapter.
   (f) A tobacco product manufacturer may not include a brand family in its certification unless
        (1) for a participating manufacturer, the participating manufacturer affirms that the brand family is to be considered 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 under the Master Settlement Agreement; and
        (2) for a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is to be considered to be its cigarettes for purposes of AS 45.53.
   (g) 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 AS 45.53.
   (h) A tobacco product manufacturer shall maintain all invoices and documentation of sales of cigarettes and other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

Authorities

43.50.465;43.50.475;43.50.480;43.50.485;43.50.490;43.50.495

Notes

References

AS 43.50.465 Directory of cigarettes approved for sale and importation.
AS 43.50.475 Agent for service of process.
AS 43.50.480 Reporting and disclosure of information; escrow installments.
AS 43.50.485 Penalties and other remedies.
AS 43.50.490 Miscellaneous provisions.
AS 43.50.495 Definitions.

History

(Sec. 2 ch 103 SLA 2003; am Sec. 50 ch 56 SLA 2005)