480-B - Prohibition against the stamping of certain cigarettes.

§ 480-b.  Prohibition  against  the stamping of certain cigarettes. 1.  Every tobacco  product  manufacturer  as  defined  by  section  thirteen  hundred  ninety-nine-oo  of  the  public health law whose cigarettes are  sold for consumption in this state shall annually certify under  penalty  of  perjury  that,  as  of  the date of such certification, such tobacco  product manufacturer: (a) is a participating manufacturer as defined  in  subdivision one of section thirteen hundred ninety-nine-pp of the public  health law; or (b) is in full compliance with subdivision two of section  thirteen   hundred   ninety-nine-pp  of  the  public  health  law.  Such  certification shall be executed and delivered to the  commissioner,  the  attorney  general and any agent who affixes New York state cigarette tax  stamps to cigarettes of such tobacco product  manufacturer,  no  earlier  than  the  sixteenth day of April and no later than the thirtieth day of  April of each year, and shall be accompanied by  a  list  setting  forth  each  of  the cigarette brands of such tobacco product manufacturer sold  for  consumption  in  New  York  state.   Agents   shall   retain   such  certifications for a period of five years.    2.  An  agent  may not affix, or cause to be affixed, a New York state  cigarette tax stamp to a  package  of  cigarettes  if  either:  (a)  the  tobacco  product  manufacturer  of such cigarettes has not provided such  agent with  the  certification  required  by  subdivision  one  of  this  section;  or  (b)  the  commissioner  has  notified such agent that such  tobacco product manufacturer is in violation of section thirteen hundred  ninety-nine-pp  of  the  public  health  law,  or  has  filed  a   false  certification  under subdivision one of this section, and such agent has  not been notified by the commissioner that such violation has ceased.    2-a. An agent may not affix, or cause to be affixed, a New York  state  cigarette  tax  stamp  to  a  package  of  cigarettes  unless:  (a)  the  cigarettes have been certified by the manufacturer if  certification  is  required  under  subdivision three of section one hundred fifty-six-c of  the executive law; and (b) the package has been marked in such manner as  may be required by subdivision six of section one hundred fifty-six-c of  the executive law.    3. The commissioner shall prescribe  the  form  of  the  certification  required to be filed pursuant to subdivision one of this section, and is  authorized  to  collect and retain any information he or she may require  to assure compliance with this section by  agents  and  tobacco  product  manufacturers.