§ 10-13A-3 - Certification of compliance with Master Settlement Agreement; requirements; retention of documentation of sales
               	 		
O.C.G.A.    10-13A-3   (2010)
   10-13A-3.    Certification of compliance with Master Settlement Agreement; requirements; retention of documentation of sales 
      (a)  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 commissioner  and Attorney General, no later than the thirtieth day of April each  year, certifying that, as of the date of such certification, such  tobacco product manufacturer either is a participating manufacturer or  is in full compliance with Chapter 13 of this title including all annual  deposits required by paragraph (2) of Code Section 10-13-3.
(b)  A  participating manufacturer shall include in its certification a list of  its brand families. A participating manufacturer shall update such list  30 calendar days prior to any addition to or modification of its brand  families by executing and delivering a supplemental certification to the  Attorney General and commissioner. A participating manufacturer may not  include a brand family in its certification unless the participating  manufacturer affirms that the brand family is to be deemed to be its  cigarettes 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.
(c)  A  nonparticipating manufacturer shall include in its certification a list  of all of its brand families and the number of units sold for each  brand family that were sold in this state during the preceding calendar  year and a list of all of its brand families that have been sold in this  state at any time during the current calendar year. Such lists must  indicate by an asterisk any brand family sold in this state during the  preceding calendar year that is no longer being sold in this state as of  the date of such certification, and identification by name and address  of any other manufacturer of such brand families in the preceding or  current calendar year. The nonparticipating manufacturer shall update  such list 30 calendar days prior to any addition to or modification of  its brand families by executing and delivering a supplemental  certification to the Attorney General and commissioner. A  nonparticipating manufacturer may not include a brand family in its  certification unless such nonparticipating manufacturer affirms that the  brand family is to be deemed to be its cigarettes for purposes of  Chapter 13 of this title. Such certification must also certify:
      (1)  That  such nonparticipating manufacturer is registered to do business in this  state and has appointed a resident agent for service of process and  provided notice thereof as required by Code Section 10-13A-6;
      (2)  That  such nonparticipating manufacturer has established and continues to  maintain a qualified escrow fund as required by Code Section 10-13-3 and  has executed a qualified escrow agreement that has been reviewed and  approved by the Attorney General and that governs the qualified escrow  fund;
      (3)  That such nonparticipating  manufacturer is in full compliance with Chapter 13 of this title and  with this chapter and any regulations promulgated pursuant to either  such chapter; and
      (4)  The name, address,  and telephone number of the financial institution where the  nonparticipating manufacturer has established such qualified escrow fund  required pursuant to Chapter 13 of this title and all regulations  promulgated pursuant to such chapter; the account number of such  qualified escrow fund and any subaccount number for this state; the  amount such nonparticipating manufacturer placed in such fund for  cigarettes sold in this state during the preceding calendar year, the  date and amount of each such deposit, and such evidence or verification  as may be deemed necessary by the Attorney General to confirm the  foregoing; and the amount and date of any withdrawal or transfer of  funds the nonparticipating manufacturer made at any time from such fund  or from any other qualified escrow fund into which it ever made escrow  payments pursuant to Chapter 13 of this title and all regulations  promulgated pursuant to such chapter.
Certification  in accordance with this subsection shall be deemed to be in compliance  with subparagraph (C) of paragraph (2) of Code Section 10-13-3.
(d)  Nothing  in this Code 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 Chapter 13 of this title.
(e)  Tobacco  product manufacturers shall maintain all invoices and documentation of  sales and other such information relied upon for such certification for a  period of five years, unless otherwise required by law to maintain them  for a greater period of time.