ORS 180.410
Manufacturer certification


(1)

Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer or similar intermediary shall execute and deliver a certification to the Attorney General certifying that as of the date of the certification, the tobacco product manufacturer is either:

(a)

A participating manufacturer; or

(b)

In full compliance with ORS 323.806 (Required actions by manufacturers) and with rules adopted under ORS 180.445 (Quarterly escrow deposits) and 180.450 (Judicial review).

(2)

The certification required by subsection (1) of this section shall be on a form prescribed by the Attorney General and shall be submitted no later than April 30 each year. The form shall permit the tobacco product manufacturer to indicate the electronic mail address to which the Attorney General may send notice of changes in the directory developed under ORS 180.425 (Attorney General’s directory) if the tobacco product manufacturer elects to receive electronic mail notice.

(3)

A participating manufacturer shall include in the certification required by subsection (1) of this section a list of its brand families. The participating manufacturer shall update the list at least 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the Attorney General.

(4)

A participating manufacturer may not include a brand family in the list required by subsection (3) of this section unless the participating manufacturer affirms that the cigarettes in the brand family are to be considered the participating manufacturer’s cigarettes for purposes of calculating the participating manufacturer’s payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined under the Master Settlement Agreement. This subsection does not limit or otherwise affect the right of the state to maintain that cigarettes in a brand family are those of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.807) to 323.807 (Assignment of interest in qualified escrow fund to state).

(5)

A nonparticipating manufacturer shall include in the certification required by subsection (1) of this section a complete list of:

(a)

All of its brand families and the number of units of 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)

Any brand family of the manufacturer 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, which may be indicated on the list described in paragraph (a) of this subsection by an asterisk;

(d)

The name and address of every other tobacco product manufacturer that manufactured a brand family described in paragraph (a) or (b) of this subsection in the preceding or current calendar year;

(e)

The name and address of all distributors that the manufacturer intends to use to sell its brand families in this state; and

(f)

In the case of brand families imported into the United States by one or more importers, the name and address of all importers of the brand families.

(6)

A nonparticipating manufacturer shall update the list required by subsection (5) of this section at least 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the Attorney General.

(7)

A nonparticipating manufacturer may not include a brand family in the list required by subsection (5) of this section unless the nonparticipating manufacturer affirms that the cigarettes in the brand family are to be considered the nonparticipating manufacturer’s cigarettes for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.807) to 323.807 (Assignment of interest in qualified escrow fund to state). This subsection does not limit or otherwise affect the right of the state to maintain that cigarettes in a brand family are those of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.807) to 323.807 (Assignment of interest in qualified escrow fund to state). [2003 c.801 §3; 2005 c.22 §126; 2017 c.687 §5]
Note: See note under 180.400 (Legislative findings).

Source: Section 180.410 — Manufacturer certification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors180.­html.

180.010
Office of Attorney General
180.020
Election
180.030
Filing certificate of election or appointment
180.040
Governor to fill vacancy by appointment
180.050
Location of office
180.060
Powers and duties of Attorney General
180.070
Power of Attorney General to conduct investigations and prosecutions
180.073
Subpoena authority in criminal investigation
180.075
Disclosure of information obtained under subpoena
180.080
Attorney General to manage criminal proceedings in court or before grand jury at request of Governor
180.090
Investigations and special prosecutions
180.095
Department of Justice Protection and Education Revolving Account
180.096
Use of Countrywide Financial Corporation settlement proceeds
180.100
Legislative bills
180.110
Keeping copies of opinions and records of cases
180.120
Defending in criminal proceedings for Oregon State Police or member thereof
180.125
Intergovernmental road maintenance agreements
180.130
Deputy Attorney General
180.140
Other assistants
180.150
Clerks
180.160
Charges for services to public agencies
180.170
Billing for services to public agencies
180.180
Department of Justice Operating Account
180.190
Department of Justice Current Expense Account
180.200
Department of Justice Client Trust Account
180.205
Tobacco Enforcement Fund
180.210
Department of Justice
180.220
Powers and duties
180.225
Attorney General representing public bodies in antitrust proceedings
180.230
Compensation not allowed state departments for attorney services
180.235
Authority of agency to employ counsel
180.240
Attorney General and Department of Justice to have powers and prerogatives of district attorneys
180.260
Service of process by department employees
180.265
Authority of department to delegate certain duties to employees of Department of Revenue
180.267
Authority of Department of Justice to require fingerprints
180.269
Biennial litigation reports to Legislative Assembly
180.320
Cooperation with division in enforcement
180.330
District attorneys not relieved from duties relating to enforcement of support laws
180.340
Division of Child Support established
180.345
Child Support Program
180.350
Investigators to have authority of peace officers
180.360
Division exempt from payment of certain court fees
180.365
Child Support Suspense Fund
180.380
Disclosure of information to authorized persons
180.400
Legislative findings
180.405
Definitions
180.410
Manufacturer certification
180.415
Nonparticipating manufacturer certification
180.416
Nonparticipating manufacturer bond
180.420
Document retention period
180.425
Attorney General’s directory
180.430
Nonresident nonparticipating manufacturer service agent
180.435
Distributor obligations
180.440
Prohibited conduct
180.441
Prohibited shipping
180.445
Quarterly escrow deposits
180.448
Attorney General investigative demand
180.450
Judicial review
180.451
Civil remedies for violation of ORS 180.441
180.455
Revocation or suspension of distributor license
180.465
Legislative findings
180.468
Definitions
180.471
Manufacturer certification
180.474
Nonparticipating manufacturer certification
180.477
Attorney General’s directory
180.480
Nonresident nonparticipating manufacturer service agent
180.483
Distributor obligations
180.486
Prohibited conduct
180.489
Quarterly escrow deposits
180.491
Judicial review
180.494
Revocation or suspension of distributor license
180.500
Grants for training for groups and agencies that interact with persons who have experienced trauma
180.510
Functions of Department of Justice
180.520
Duties of department
180.540
Review of consumer contracts for conformity with plain language standards
180.545
Plain language standards
180.550
Compliance statement
180.555
Exemptions
180.600
Definitions
180.610
Investigation of organized criminal activity
180.620
Investigators to have authority of peace officers
180.630
Acceptance of federal grant of funds
180.640
Criminal Justice Revolving Account
180.700
Advisory committee
180.710
Program reviews
180.720
Hope Card Program
180.750
Definitions
180.755
Prohibited acts
180.760
Civil action for violation
180.765
Statute of limitation
180.770
Estoppel
180.775
Investigative demand
180.780
Distribution of recovered amounts
180.785
Remedy not exclusive
180.805
Prohibited involvement of public bodies in federal immigration law enforcement
180.810
Model confidentiality policy
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