Wisconsin § 995.12 - Certification under the tobacco settlement agreement.

§ 995.12. Certification under the tobacco settlement agreement.

995.12(1) (1) Definitions. In this section: 995.12(1)(a) (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 “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 other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. 995.12(1)(b) (b) “Cigarette” has the meaning given in s. 995.10 (1) (d) . 995.12(1)(c) (c) “Department” means the department of revenue. 995.12(1)(d) (d) “Distributor” means a person that is authorized to affix tax stamps to packages or other containers of cigarettes under subch. II of ch. 139 or any person that is required to pay the tax imposed on tobacco products under subch. III of ch. 139 . 995.12(1)(e) (e) “Master settlement agreement” has the meaning given in s. 995.10 (1) (e) . 995.12(1)(f) (f) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer. 995.12(1)(g) (g) “Participating manufacturer” has the meaning given in section II (jj) of the master settlement agreement. 995.12(1)(h) (h) “Qualified escrow fund” has the meaning given in s. 995.10 (1) (f) . 995.12(1)(j) (j) “Tobacco product manufacturer” has the meaning given in s. 995.10 (1) (i) . 995.12(1)(k) (k) “Units sold” has the meaning given in s. 995.10 (1) (j) . 995.12(2) (2) Certifications; directory; tax stamps. 995.12(2)(a) (a) Certification. 995.12(2)(a)1. 1. Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the attorney general a certification to the department and attorney general, no later than the 30th day of April each year, certifying that as of that date the tobacco product manufacturer is either a participating manufacturer or is in full compliance with s. 995.10 (2) (b) . 995.12(2)(a)2. 2. A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update that list at least 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the department and attorney general. 995.12(2)(a)3. 3. A nonparticipating manufacturer shall include all of the following in its certification: 995.12(2)(a)3.a. a. 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. 995.12(2)(a)3.b. b. A list of all of its brand families that have been sold in the state at any time during the current calendar year. 995.12(2)(a)3.c. c. A list of any brand families sold in the state during the preceding calendar year that are no longer being sold in the state as of the date of such certification. 995.12(2)(a)3.d. d. The name and address of any other manufacturer of the brand families in the preceding or current calendar year. 995.12(2)(a)4. 4. The nonparticipating manufacturer shall update the list under subd. 3. at least 30 calendar days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the department and attorney general. 995.12(2)(a)5. 5. The nonparticipating manufacturer shall further certify all of the following: 995.12(2)(a)5.a. 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 of that appointment as required by sub. (3) . 995.12(2)(a)5.b. b. That the nonparticipating manufacturer has established and continues to maintain a qualified escrow fund and has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and that governs the qualified escrow fund. 995.12(2)(a)5.c. c. That the nonparticipating manufacturer is in full compliance with this section and s.