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Tobacco Product Manufacturers Certification Pursuant To 33 VSA Chapter 19 Subchapter 1B - Vermont
| Tobacco Product Manufacturers Certification Pursuant To 33 VSA Chapter 19 Subchapter 1B Form. This is a Vermont form and can be used in Tobacco Attorney General Statewide . |
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STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL TOBACCO PRODUCT MANUFACTURER CERTIFICATION PURSUANT TO 33 V.S.A. CHAPTER 19, SUBCHAPTER 1-B GENERAL INFORMATION Who is required to file this certification? Any tobacco product manufacturer that sells or intends to sell cigarettes within the state of Vermont, whether directly or through any distributor, retailer, or similar intermediary, is required to file this certification. This Tobacco Product Manufacturers Certification is in addition to any Quarterly or Annual Certificate of Compliance that may be required of Non-Participating Tobacco Product Manufacturers pursuant to 33 V.S.A. Chapter 19, subchapters 1-A and 1-B. When is this Certification due? A TPM Certification must be received on or before April 30th each year with figures provided for the previous sales year. The current TPM certification form will be posted on the Attorney General's website after February 1st of each year. Definitions: a) "Brand Family" means all styles of Cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s," and includes a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of Cigarettes. b) "Cigarette" has the same meaning as in 33 V.S.A. §1913(4). c) "Directory" means the listing of all Tobacco Product Manufacturers that have provided current and accurate certifications conforming to the requirements of 33 V.S.A., Chapter 19, Subchapter 1-B, and all Brand Families that are listed in such certifications; except as provided by 33 V.S.A. §1918. d) "Master Settlement Agreement" has the same meaning as in 33 V.S.A. §1913(5). e) "Non-Participating Manufacturer" means any Tobacco Product Manufacturer that is not a Participating Manufacturer. f) "Participating Manufacturer" has the meaning given that term in Section II (jj) of the Master Settlement Agreement and all amendments thereto. g) "Qualified Escrow Fund" has the same meaning as that term is defined in 33 V.S.A. §1913(6). h) "Stamping Agent" (33 V.S.A. §1916(10)) means a person or entity that is required to secure a license pursuant to 32 V.S.A. §7731 or that is required to pay a tax on cigarettes imposed pursuant to 32 V.S.A., Chapter 205. i) j) "Tobacco Product Manufacturer" has the same meaning as that term is defined in 33 V.S.A. §1913(9). "Units Sold" has the same meaning as that term is defined in 33 V.S.A. §1913(10). American LegalNet, Inc. www.FormsWorkFlow.com SPECIFIC INSTRUCTIONS: Part 1: Manufacturer's Identification. Identify the name, physical address, mailing address, phone and fax numbers, e-mail address and name and title of person completing report. Identify the name, physical address, phone and name of plant manager of the manufacturing plant if fabrication is done at another location. Sales Year. The sales year is the immediately preceding calendar year. Participating Manufacturer Brand Family Identification: (To be completed by Participating Manufacturers only). Identify by Brand Family and Brand Style all of the cigarettes and "roll-your-own" that the Tobacco Product Manufacturer sold in Vermont in the Sales Year. The Participating Manufacturer must include a list of its Brand Families. The Participating Manufacturer is required to update this list thirty calendar days prior to any addition to or modification of its Brand Families by executing and delivering a supplemental certification to the Attorney General. Non-Participating Manufacturer Brand Identification (To be completed by Non-Participating Manufacturers only). NPMs must indicate one or more distributors licensed to sell its products in Vermont ("Stamping Agents"). For the purposes of Part 4 of this certification, distributors must have purchased the NPM's product in the preceding year, or have indicated a commitment to purchase from the NPM within six months of the date of the certification. NPMs shall also include: (i) a list of all of its Brand Families and Brand Styles sold in Vermont in the Sales Year, (ii) the number of Units Sold of each product, to each distributor, during the Sales Year, (iii) the number of Units Sold in Vermont during the first quarter of the current calendar year, and (iv) the name and address of any other current or previous manufacturer of the listed Brand Families. The Non-Participating Manufacturer is required to update its Brand Family List thirty calendar days prior to any addition to or modification of it Brand Families by executing and delivering a supplemental certification to the Attorney General. Modifications to the Vermont Directory (To be completed by Participating and Non-Participating Manufacturers). Identify by Brand Family and Brand Style all of the cigarettes that the Tobacco Product Manufacturer intends to sell and wants listed in the Vermont Directory for the next year. NOTE: Tobacco products not listed in the Vermont Directory are not legal for sale in Vermont. Cigarettes must also be separately certified as "Fire-Safe" to be legal for sale in Vermont under 20 V.S.A. § 2757. Bidis may not be sold in Vermont. Required Documents/Certificates: To be submitted by Participating and Non-Participating Manufacturers. Attach documentation as needed. Non-Participating Manufacturer Certification Verify that the Non-Participating Manufacturer is registered to do business in Vermont or has appointed an agent for service of process and provided notice thereof as required by 33 V.S.A § 1920. NOTE: If agent has been appointed for purposes of this Certification, current proof of appointment and acceptance of appointment for a period of at least one year from certification date must accompany this Certification. Identify (i) the name, address, phone and fax numbers of the financial institution where the Non-Participating Manufacturer has established a Qualified Escrow Fund pursuant to 33 V.S.A. § 1914(2); (ii) the account number of such Qualified Escrow Fund and any sub-account number for Vermont; and (iii) the representative of the financial institution who administers the account. Identify (i) the amount such Non-Participating Manufacturer placed in its Qualified Escrow Fund for Cigarettes sold in Vermont during the preceding calendar year,
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