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Certification of Enrollment - Washington
| Certification of Enrollment Form. This is a Washington form and can be used in Tobacco Suppliers And Manufacturers Office Of The Attorney General Statewide . |
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CERTIFICATION OF ENROLLMENT STATE OF WASHINGTON [Laws of 2003, Chapter 25] GENERAL INFORMATION Who is required to file this certification? Any tobacco product manufacturer that intends to sell cigarettes within the state of Washington, whether directly or through any distributor, retailer, or similar intermediary. This Certification is in addition to any Certificate of Compliance that may be required pursuant to RCW 70.157. Definitions: (Laws of 2003, ch. 25) (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," "kings," and "100s," and includes any 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. "Board" means the Liquor Control Board. "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette." "Director" means the Director of the Department of Revenue except as otherwise noted. "Directory" means the listing of all Tobacco Product Manufacturers that have provided current and accurate certifications conforming to the requirements of Laws of 2003, ch. 25, and all Brand Families that are listed in such certifications; except as provided by Laws of 2003, ch. 25. "Distributor" means (a) any person engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from without the state any tobacco products for sale, (b) any person who makes, manufactures, or fabricates tobacco products in this state for sale in this state, (c) any person engaged in the business of selling tobacco products without this state who ships or transports tobacco products to retailers in this state, to be sold by those retailers, except that for purposes of this chapter, no person is a distributor if that person does not deal with cigarettes as defined in this section. "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco product manufacturers. "Non-participating Manufacturer" means any Tobacco Product Manufacturer that is not a Participating Manufacturer. "Participating Manufacturer" has the meaning given that term in Section II(jj) of the Master Settlement Agreement and all amendments thereto. American LegalNet, Inc. www.FormsWorkFlow.com (b) (c) (d) (e) (f) (g) (h) (i) -1- CERTIFICATION OF ENROLLMENT STATE OF WASHINGTON [Laws of 2003, Chapter 25] (j) "Qualified Escrow Fund" means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with RCW 70.157.020(b). "Stamp" means the stamp or stamps by use of which the tax levy under this chapter is paid or identification is made of those cigarettes with respect to which no tax is imposed, or as referred to in RCW 43.06.455(4). "Tobacco Product Manufacturer" or "manufacturer" has the same meaning as in RCW 70.157.010(i). "Units Sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs bearing the excise tax stamp of the State or "roll-your-own" tobacco containers. The Department of Revenue shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year. "Wholesaler" means every person who purchases, sells, or distributes any one or more of the articles taxed herein to retailers for the purpose of resale only. (k) (l) (m) (n) When is this certification due? This certificate of compliance must be filed with the Attorney General on or before April 30th of the year following the sales year. SPECIFIC INSTRUCTIONS Part 1: Manufacturer's Identification. Identify the manufacturer's name, address, telephone, fax number, email address, name a contact person, and list the website address. Give the manufacturer's physical delivery or street address if different from the mailing address. Sales Year. Identify the sales year. Brand Family Identification. Identify by Brand Family and Brand Names all of the cigarettes that the Tobacco Product Manufacturer intends to sell in this State whether directly or through any distributor, retailer, or similar intermediary, and seeks to have included in the Directory. Only the brands identified may be included in the Directory. A-B Participating Manufacturer shall include a list of its Brand Families and Brand Names. The Participating Manufacturer shall update such list thirty calendar days prior to any addition to or modification of its Brand Families by executing and delivering a supp
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