Certificate Of Tobacco Master Settlement Agreement {55B}

State of Nebraska Tobacco Product Manufacturer's Certification Pursuant to Neb. Rev. Stat. § 69-2706 (Cum. Supp. 2016) General Information and Directions for Completion of Selected Provisions of Form 55B Definitions: (a) "Brand Family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol", "lights", "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. (b) "Cigarette" has the same meaning as in Neb. Rev. Stat. § 69-2702(4). (c) "Directory" means the listing of all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Neb. Rev. Stat. §§ 69-2706 through 69-2711 and all brand families that are listed in such certifications, except as provided by said statutes. (d) "Master Settlement Agreement" has the same meaning as in Neb. Rev. Stat. § 69-2702(9). (e) "Participating Manufacturer" has the same meaning prescribed in Section II(jj) of the Master Settlement Agreement defined in Neb. Rev. Stat. § 69-2702(9). (f) "Nonparticipating Manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. (g) "Qualified Escrow Account" has the same meaning as in Neb. Rev. Stat. § 69-2702(10). (h) "Stamping Agent" means a person that is authorized to affix tax stamps to packages or other containers of cigarettes under Neb. Rev. Stat. § 77-2603 or any person that is required to pay the tobacco tax imposed pursuant to Neb. Rev. Stat. § 77-4008 on roll-your-own cigarettes. (i) (j) "Tobacco Product Manufacturer" has the same meaning prescribed in Neb. Rev. Stat. § 69-2702(13). "Units sold" has the same meaning prescribed in Neb. Rev. Stat. § 69-2702(14). · · For manufacturers whose cigarettes are not yet sold in Nebraska, this Certification must be submitted and the manufacturer and its brands must be listed on the Directory before beginning sales in Nebraska. For manufacturers making any changes to their annual Certification or initial Certification, the supplemental Certification noting the changes must be submitted at least thirty (30) calendar days prior to that change becoming effective. · To whom are Certifications delivered: The Certification and any supplemental Certification must be delivered to both the: Nebraska Department of Revenue PO Box 94818 Lincoln, NE 68509-4818 Attention: Cliff Thomas Tax Specialist Sr. and Nebraska Attorney General's Office Consumer Protection Division PO Box 98920 Lincoln, NE 68509-8920 All other correspondence, escrow agreements, bank account statements, packaging samples, and other documents pertaining to the Nebraska Tobacco Product Manufacturer's Certification must be sent to the Attorney General's Office. Records Retention Requirement Tobacco product manufacturers shall maintain all invoices and documentation of sales 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. Compliance with other statutes: The fact that a tobacco product manufacturer or brand family is listed on the Directory maintained by the Nebraska Department of Revenue merely means that the tobacco product manufacturer and brand family have been approved pursuant to Neb. Rev. Stat. § 69-2706 and does not mean that they are compliant with other State laws applicable to the sale and/or distribution of cigarettes. Who is required to file this Certification? · Every tobacco product manufacturer that intends to sell cigarettes, including roll-your-own cigarettes, within the State of Nebraska, whether directly or through any distributor, retailer, or similar intermediary. · · Participating manufacturers must complete Parts 1, 2(A), 2(C-E), 3, and 9. Nonparticipating manufacturers must complete the entire form except Part 2A. Instructions: Part 1: Manufacturer's Identification. Every participating and nonparticipating cigarette manufacturer must complete Part 1 A and B. A nonparticipating cigarette manufacturer must be in full compliance with Neb. Rev. Stat. § 69-2703(2), which requires quarterly payments of escrow. When is the Certification due? · For manufacturers whose cigarettes are sold in Nebraska, this Certification is due on an annual basis no later than April 30th of each year. 1 5-221-2002 Rev. 1-2017 Supersedes 5-221-2002 Rev. 1-2016 American LegalNet, Inc. www.FormsWorkFlow.com Part 2: Brand Family Identification. Only those brand families listed may be included on the Directory. A. Participating Manufacturers A participating manufacturer shall update such list thirty (30) calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and the Tax Commissioner. · If you need additional information regarding the Federal Trade Commission (FTC) approval letter for the healthwarning rotation plan, you can contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington D.C. 20580, General Information Locator: (202) 326-2222, http://www.ftc.gov If you need additional information regarding the Center for Disease Control ingredient listing compliance letter, you can contact the Center for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA 30333, 1-800-232-4636, http://www.cdc.gov/netinfo.htm B. Consent to Suit. The nonparticipating manufacturer must consent to suit in the district courts of the State of Nebraska if the State of Nebraska commences litigation to enforce the provisions of Neb. Rev. Stat. §§ 69-2703 to 69-2710 or if the State of Nebraska brings any action regarding a released claim as that term is defined by Neb. Rev. Stat. § 69-2702. Appropriate documentation authorizing the person executing the certification to consent on behalf of the nonparticipating manufacturer to its being sued in Nebraska district court must also be attached (i.e. Board of Director's resolution). C. Importer's Joint and Several Liability. Every nonparticipating manufacturer located outside of the United States must provide a fully and correctly executed copy of the Importer Acceptance of Joint and Sever