New Jersey § 52:4d-9

§ 52:4d-9.

a. Any non-resident or foreign non-participating manufacturer that has not registered

to do business in this State as a foreign corporation or business entity shall, as

a condition precedent to having its brand families listed or retained in the directory

established pursuant to section 4 of this act, 1 appoint and continually engage without interruption the services of an agent in New

Jersey to act as agent for the service of process on whom all process, and any action

or proceeding against it concerning or arising out of the enforcement of the act and P.L.1999, c. 148 ( C.52:4D-1 et seq. ), may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the non-participating

manufacturer. The non-participating manufacturer shall provide the name, address, telephone number

and proof of the appointment and availability of such agent to the Attorney General. b. A non-participating manufacturer shall provide notice to the director and Attorney

General not later than 30 calendar days prior to termination of the authority of an

agent and shall further provide proof to the satisfaction of the Attorney General

of the appointment of a new agent no less than five calendar days prior to the termination

of an existing agent appointment. If an agent terminates an agency appointment, the non-participating manufacturer

shall notify the director and Attorney General of that termination within five calendar

days and shall include proof to the satisfaction of the Attorney General of the appointment

of a new agent. c. A non-participating manufacturer whose products are sold in this State, without

appointing or designating an agent as herein required shall be deemed to have appointed

the Secretary of State as that agent and may be proceeded against in the courts of

this State by service of process upon the Secretary of State; provided however, that

the appointment of the Secretary of State as that agent shall not satisfy the condition

precedent to having its brand families listed or retained in the directory established

pursuant to section 4 of P.L.2003, c. 25 ( C.52:4D-4 et seq. ) . d. Any person who imports cigarettes of a foreign non-participating manufacturer for

sale in this State, whether directly or through a distributor, retailer, or similar

intermediary or intermediaries, shall be jointly and severally responsible for any

escrow deposit required by section 3 of P.L.1999, c. 148 ( C.52:4D-3 ), to the extent that the non-participating manufacturer failed to deposit the required

escrow amount. Such person shall also be subject to the provisions of subsections a. and c. of

section 8 of P.L.2003, c. 25 ( C.52:4D-11 ). 1

N.J.S.A. § 52:4D-7.