New Jersey § 52:4d-6

§ 52:4d-6.

a. Every tobacco product manufacturer whose cigarettes are sold in this State, whether

directly or through a distributor, retailer or similar intermediary or intermediaries,

annually shall execute and deliver in the manner prescribed by the Attorney General

a certification to the director and Attorney General no later than April 30, certifying

under penalty of perjury that, as of the date of such certification, such tobacco

product manufacturer either is a participating manufacturer or is in full compliance

with the requirements of P.L.1999, c. 148 ( C.52:4D-1 et seq. ). (1) A participating manufacturer shall include in its certification a complete list

of its brand families. The participating manufacturer shall update such list no later than 30 days prior

to any addition or modification to brand families by executing and delivering a supplemental

certification to the Attorney General. (2) A non-participating manufacturer shall include in its certification a complete

list of all of its brand families: (a) separately listing brand families of cigarettes

and the number of units sold for each brand family that were sold in the State during

the preceding calendar year; (b) all of its brand families that have been sold in

the State at any time during the current calendar year; (c) indicating, 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 (d) identifying

by name and address any other manufacturer of those brand families in the preceding

calendar year. The non-participating manufacturer shall update the list no later than 30 days prior

to any addition or modification to its brand families by executing and delivering

a supplemental certification to the Attorney General. (3) In the case of a non-participating manufacturer, the certification shall further

certify: (a) that the non-participating manufacturer is registered to do business

in the State or has appointed a resident agent for service of process and provided

notice thereof as required by subsection b. of section 6 of this act; (b) that the

non-participating manufacturer has (i) established and continues to maintain a qualified

escrow fund; and (ii) executed a qualified escrow agreement that has been reviewed

and approved by the Attorney General and that governs the qualified escrow fund;

(c) that the non-participating manufacturer is in full compliance with P.L.1999, c. 148 ( C.52:4D-1 et seq. ), and this act, and any regulations promulgated pursuant thereto; (d) (i) the name,

address and telephone number of the financial institution at which the non-participating

manufacturer has established the qualified escrow fund required pursuant to section

3 of P.L.1999, c. 148 ( C.52:4D-3 ), and all regulations promulgated thereto; (ii) the account number of the qualified

escrow fund and sub-account number for the State of New Jersey; (iii) the amount

the non-participating manufacturer placed in the fund for units sold in the State

during the preceding calendar year, the date and amount of each of those deposits,

and such evidence or verification as may be deemed necessary by the Attorney General

to confirm the foregoing; and (iv) the amounts of and dates of any withdrawal or

transfer of funds the non-participating manufacturer made at any time from the fund

or from any other qualified escrow fund into which it has ever made escrow payments

pursuant to section 3 of P.L.1999, c. 148 ( C.52:4D-3 ) and all regulations promulgated thereto. b. A tobacco product manufacturer shall not include a brand family in its certification

unless: (1) in the case of a participating manufacturer, that participating manufacturer affirms

that the brand family is to be deemed to be cigarettes of the participating manufacturer

for purposes of calculating its payments under the Master Settlement Agreement for

the relevant year, in the volume and shares determined pursuant to the Master Settlement

Agreement; and (2) in the case of a non-participating manufacturer, that non-participating manufacturer

affirms that the brand family is to be deemed to be cigarettes of the non-participating

manufacturer for purposes of calculating its units sold pursuant to section 3 of P.L.1999, c. 148 ( C.52:4D-3 ). 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 P.L.1999, c. 148 ( C.52:4D-1 et seq. ). c. A tobacco product manufacturer shall maintain all invoices and documentation of

sales and any other information relied upon for the certification for a period of

five years, unless otherwise required by law to maintain them for a longer period

of time.