Nevada § 370.665 - Certification by manufacturers: Execution and delivery; form and contents; supplemental certification

§ 370.665. Certification by manufacturers: Execution and delivery; form and contents; supplemental certification

1. A manufacturer of tobacco products whose cigarettes are sold in this State, whether

or not directly or through a distributor, retailer or similar intermediary or intermediaries

shall, not later than April 30 of each year, execute and deliver to the Attorney General

and the Department, on a form provided by the Attorney General, a certification which

certifies under penalty of perjury that, as of the date of that certification, the

manufacturer of tobacco products is: (a) A participating manufacturer; or (b) In full compliance with subsection 2 of NRS 370A.140 , including any quarterly installment payments required pursuant to NRS 370.690 . 2. Except as otherwise provided in NRS 370.670 : (a) A participating manufacturer shall include in its certification pursuant to this

section a list of its brand families and styles of cigarettes. The participating manufacturer shall update that list at least 30 calendar days

before it adds to or modifies its brand families or styles of cigarettes by executing

and delivering a supplemental certification to the Attorney General and the Department. (b) A nonparticipating manufacturer shall, in its certification pursuant to this section: (1) Include: (I) A list of all of its brand families and the number of units sold for each brand

family that were sold in the State during the preceding calendar year; (II) A list of all of its brand families and styles of cigarettes that have been sold

in the State at any time during the current calendar year; (III) The current mailing address of the nonparticipating manufacturer; and (IV) A valid electronic mail address of the nonparticipating manufacturer; (2) Indicate each brand family and style of cigarettes 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 (3) Identify, by name and address: (I) Any other manufacturer of those brand families in the preceding or current calendar

year; and (II) Each wholesale dealer that sells or offers for sale in this State any brand family

of the nonparticipating manufacturer. A nonparticipating manufacturer shall update the information required by this paragraph

at least 30 calendar days before it adds to or modifies its brand families or styles

of cigarettes or sells or distributes cigarettes in this State through a new wholesale

dealer by executing and delivering a supplemental certification to the Attorney General

and the Department. 3. In addition to the requirements of subsection 2, the certification of a nonparticipating

manufacturer pursuant to this section must certify: (a) That the nonparticipating manufacturer is registered to do business in the State

or has appointed an agent for service of process and provided notice thereof as required

by NRS 370.680 ; (b) That the nonparticipating manufacturer has: (1) Established and continues to maintain a qualified escrow fund; and (2) Executed a qualified escrow agreement governing the qualified escrow fund that

has been reviewed and approved by the Attorney General; (c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto; (d) The name, address and telephone number of the financial institution where the

nonparticipating manufacturer has established the qualified escrow fund required pursuant

to chapter 370A of NRS and any regulations adopted pursuant thereto; (e) The account number of that qualified escrow fund and any subaccount number for

this State; (f) The amount the nonparticipating manufacturer placed in that qualified escrow fund

for cigarettes sold in the State during the preceding calendar year, the date and

amount of each such deposit, and such evidence or verification as may be deemed necessary

by the Department or the Attorney General to confirm the information required by this

paragraph; and (g) The amount and date of any withdrawal or transfer of money the nonparticipating

manufacturer made at any time from that qualified escrow fund or from any other qualified

escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto.