Tobacco product manufacturer certifications.
(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 on a form or
in the manner prescribed by the commissioner a certification to the commissioner,
no later than April 30 of each year, certifying, under penalty of perjury,
that, as of the date of the certification, the tobacco product manufacturer
is either a participating manufacturer or is in full compliance with AS 45.53.
(b) A participating manufacturer shall include in its certification a
list of its brand families. The participating manufacturer shall update
the list 30 days before any addition or modification to its brand families
by executing and delivering a supplemental certification to the commissioner.
(c) A nonparticipating manufacturer shall include in its certification
a complete list of all of its brand families. The nonparticipating manufacturer
shall update the list 30 days before any addition or modification to its
brand families by executing and delivering a supplemental certification
to the commissioner. A nonparticipating manufacturer's certification must
(1) separately list brand families of cigarettes and the number of units
sold for each brand family that was sold in the state during the preceding
(2) list all of its brand families that have been sold in the state at
any time during the current calendar year;
(3) indicate by an asterisk any brand family 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; and
(4) identify by name and address any other manufacturer of the listed
brand families in the preceding calendar year.
(d) For a nonparticipating manufacturer, the certification required by
(a) of this section must additionally certify that the nonparticipating
(1) is registered to do business in the state or has appointed a resident
agent for service of process and provided notice of the appointment as
required by AS 43.50.475;
(A) established and continues to maintain a qualified escrow fund; and
(B) executed a qualified escrow agreement that has been reviewed and approved
by the Department of Law and that governs the qualified escrow fund; and
(3) is in full compliance with AS 45.53 and this section, and any regulations
adopted under those statutes.
(e) For a nonparticipating manufacturer, the certification must also include the
(1) name, address, telephone number, and electronic mail address of the
financial institution where the nonparticipating manufacturer has established
the qualified escrow fund required under AS 45.53 and the regulations
adopted under that chapter;
(2) account number of the qualified escrow fund and sub-account number
for the State of Alaska;
(3) amount that the non-participating manufacturer placed in the qualified
escrow fund for cigarettes sold in the state during the preceding calendar
year, the date and amount of each such deposit, and the evidence or verification
considered necessary by the commissioner to confirm the information submitted
under this section; and
(4) amounts of and dates of any withdrawal or transfer of money the nonparticipating
manufacturer made at any time from the qualified escrow fund or from any
other qualified escrow fund into which the nonparticipating manufacturer
ever made escrow payments in accordance with AS 45.53 and the regulations
adopted under that chapter.
(f) A tobacco product manufacturer may not include a brand family in its
(1) for a participating manufacturer, the participating manufacturer affirms
that the brand family is to be considered 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 under the Master
Settlement Agreement; and
(2) for a nonparticipating manufacturer, the nonparticipating manufacturer
affirms that the brand family is to be considered to be its cigarettes
for purposes of AS 45.53.
(g) Nothing in this 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 AS 45.53.
(h) A tobacco product manufacturer shall maintain all invoices and documentation
of sales of cigarettes and other information relied upon for the certification
for a period of five years, unless otherwise required by law to maintain
them for a greater period of time.