6-12A-3
Section 6-12A-3 Tobacco product manufacturer certification; directory; stamping, sale, or import
of cigarettes not in directory. (a) Certification. 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 on a form prescribed by the
commissioner, a certification to the commissioner no later than the thirtieth day of April
each year, certifying that, as of the date of the certification, the tobacco product manufacturer
either: Is a participating manufacturer or is in full compliance with Section 6-12-3, including
all quarterly installment payments required by subsection (e) of Section 6-12A-5. (1) Each
participating manufacturer shall include in its certification a list of its brand families.
The participating manufacturer shall update its list 30 days prior to any addition or modification
to its brand families by executing and delivering a...
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6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by wholesalers
and distributors. Not later than 20 days after the end of each month, and more frequently
if so directed by the commissioner, each wholesaler and distributor shall submit all the information
the commissioner requires to facilitate compliance with this chapter, including, but not limited
to, a list by brand family of the total number of cigarettes or in the case of roll your own,
the equivalent stick count for which the wholesalers and distributors affixed stamps during
the previous month or otherwise paid the tax due for any cigarettes. The wholesaler or distributor
shall maintain, and make available to the commissioner, all invoices and documentation of
sales of all non-participating manufacturer cigarettes and any other information relied upon
in reporting to the commissioner for a period of five years. (b) Disclosure of information.
Notwithstanding any other law or rule, including...
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6-12A-4
Section 6-12A-4 Agent for service of process. (a) Agent for service of process required. Any
non-resident or foreign non-participating manufacturer that has not registered to do business
in the state as a foreign corporation or business entity, as a condition precedent to having
its brand families listed or retained in the directory, shall appoint and continually engage
without interruption the services of an agent in this state 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 this chapter and Section 6-12-3, may be served in any manner authorized
by law. The service shall constitute legal and valid service of process on the non-participating
manufacturer. The non-participating manufacturer shall provide the name, address, phone number,
and proof of the appointment and availability of their agent to and to the satisfaction of
the commissioner. (b) The non-participating manufacturer...
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6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark 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. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue for
the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product manufacturer
selling cigarettes to consumers within the state, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the
following: (1) Become a participating manufacturer, as that term is defined in Section II(jj)
of the Master Settlement Agreement, and generally perform its financial obligations under
the Master Settlement Agreement. (2) a. Place into a qualified escrow fund, by April 15 of
the year following the year in question, the following amounts, as such amounts are adjusted
for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712 per unit
sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through 2006: $.0167539
per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit sold. b. A tobacco
product manufacturer that places funds into escrow pursuant to...
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8-17-273
Section 8-17-273 Manufacturer to submit written certification; recertification; fee. (a) Each
manufacturer shall submit to the State Fire Marshal a written certification attesting to each
of the following: (1) Each cigarette listed in the certification has been tested in accordance
with Section 8-17-272. (2) Each cigarette listed in the certification meets the performance
standard set forth in Section 8-17-272. (b) Each cigarette listed in the certification shall
be described with the following information: (1) Brand or trade name on the package. (2) Style,
such as light or ultra light. (3) Length in millimeters. (4) Circumference in millimeters.
(5) Flavor, such as menthol or chocolate, if applicable. (6) Filter or non-filter. (7) Package
description, such as soft pack or box. (8) Marking pursuant to Section 8-17-274. (9) The name,
address, and telephone number of the laboratory, if different than the manufacturer that conducted
the test. (10) The date that the testing occurred. (c)...
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6-12A-7
Section 6-12A-7 Review; application for permit; rules and regulations; costs and fees; disgorgement
of profits. (a) Notice and review of determination. A tobacco product manufacturer who does
not agree with a determination by the commissioner to not list or to remove from the directory
a brand family or tobacco product manufacturer shall be entitled to file a written request
for review with the commissioner. The written request shall be referred to as a petition for
review and shall describe any specific objections to the determination not to list or to remove
from the directory a brand family or tobacco product manufacturer. (1) The petition for review
and any supporting documentation, must be filed with the commissioner's office not later than
30 days after the date of the determination. (2) The commissioner shall review the petition
and any supporting documentation and notify the tobacco product manufacturer of the final
determination. (3) At the request of the tobacco product...
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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8-17-272
Section 8-17-272 Testing and certification of cigarettes. (a) Except as provided in subsection
(g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold
to persons located in this state unless the cigarettes have been tested in accordance with
the test method and meet the performance standard specified in this section, a written certification
has been filed by the manufacturer with the State Fire Marshal in accordance with Section
8-17-273, and the cigarettes have been marked in accordance with Section 8-17-274. (1) Testing
of cigarettes shall be conducted in accordance with the American Society of Testing and Materials
(ASTM) Standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes.
(2) Testing shall be conducted on 10 layers of filter paper. (3) No more than 25 percent of
the cigarettes tested in a test trial in accordance with this section shall exhibit full-length
burns. Forty replicate tests shall comprise a...
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