Download as PDF
131.610 Directory of certified tobacco product manufacturers and brand
families -- Requirements for inclusion -- Removal -- Notice.
(1)
(2)
(3)
(4)
(5)
The Attorney General shall develop and make available to the department for
public inspection, to include publishing on the department's Web site, a listing
of all tobacco product manufacturers that have provided current and accurate
certifications pursuant to KRS 131.608 and all brand families that are listed in
the certifications. The listing shall be referred to as the "directory" and
completed no later than July 1 of each certification year.
The department shall not include or retain in the directory the name or brand
families of any nonparticipating manufacturer that has failed to provide the
required certification or whose certification the Attorney General determines is
not in compliance with KRS 131.608, unless the Attorney General has
determined that such violation has been satisfactorily cured.
Neither a tobacco product manufacturer nor a brand family shall be included or
retained in the directory if the Attorney General determines, in the case of a
nonparticipating manufacturer, that:
(a) Any escrow payment required pursuant to KRS 131.602 for any period for
any brand family, whether or not listed by the nonparticipating
manufacturer, has not been fully paid into a qualified escrow fund
governed by a qualified escrow agreement that has been approved by the
Attorney General; or
(b) Any outstanding final judgment, including interest thereon, for a violation
of KRS 131.602 has not been fully satisfied for the brand family or the
manufacturer.
Upon receipt of information from the Attorney General, the department shall
update the directory as necessary in order to correct mistakes and to add or
remove a tobacco product manufacturer or brand family to keep the directory in
conformity with the requirements of this section and KRS 131.608 and
131.620.
(a) The department shall transmit, by electronic mail or other practicable
means, notice to each stamping agent and distributor of any addition to or
removal from the directory of any tobacco product manufacturer or brand
family.
(b) Within seven (7) days of receiving a removal notice from the department,
each stamping agent or distributor shall forward:
1.
A copy of the removal notice to each of the stamping agent's or
distributor's retail customers; and
2.
To the department, a list of the retailer customers to whom the
removal notices were sent.
(c) 1.
The retailer shall have sixty (60) days from the effective date of the
removal notice to sell the affected cigarettes before the cigarettes
are deemed contraband and become subject to seizure and
destruction under KRS 131.622.
2.
On and after the sixty-first day from the effective date of the removal
notice, the retailer shall not sell any cigarettes of a tobacco product
manufacturer or brand family that has been removed from the
(6)
(7)
(8)
directory.
Every stamping agent and distributor shall provide and update as necessary an
electronic mail address to the department for the purpose of receiving any
notifications that may be required by this section and KRS 131.608, 131.616,
131.620, and 131.624.
Notwithstanding the provisions of subsections (2) and (3) of this section, in the
case of any nonparticipating manufacturer who has established a qualified
escrow account pursuant to KRS 131.602 that has been approved by the
Attorney General, the Attorney General may not remove the manufacturer or its
brand families from the directory unless the manufacturer has been given at
least thirty (30) days' notice of the intended action. For the purposes of this
section, notice shall be deemed sufficient if it is sent either electronically to an
electronic-mail address or by first class to a postal mailing address provided by
the manufacturer in its most recent certification filed pursuant to KRS 131.608.
The notified nonparticipating manufacturer shall have thirty (30) days from
receipt of the notice to comply. At the time that the Attorney General sends
notice of his or her intent to remove the manufacturer from the directory, the
Attorney General shall post the notice in the directory.
Beginning on the day after the Attorney General posts a notice in the directory
of the Attorney General's intent to remove the nonparticipating manufacturer
from the directory as provided in subsection (7) of this section, a stamping
agent or distributor shall not purchase cigarettes from the nonparticipating
manufacturer unless and until the Attorney General determines that the
nonparticipating manufacturer is in compliance with KRS 131.608 and posts
the notification of compliance in the directory.
Effective:July 1, 2009
History: Amended 2009 Ky. Acts ch. 84, sec. 2, effective July 1, 2009. -- Amended
2005 Ky. Acts ch. 85, sec. 157, effective June 20, 2005. -- Created 2003 Ky.
Acts ch. 194, sec. 4, effective April 6, 2003.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.