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2003 SESSION

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HB 2536 Enforcement of requirements for tobacco product manufacturers; penalty

Introduced by: Kathy J. Byron | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Enforcement of requirements for tobacco product manufacturers; penalty. Includes a number of procedural enhancements in order to aid enforcement and thereby prevent violations of the Model Act. The enhancements include: (i) a requirement that every tobacco product manufacturer whose cigarettes are sold in the Commonwealth certify the Tax Commissioner and Attorney General that it is either a participating manufacturer for purposes of the Master Settlement Agreement or is in full compliance as a nonparticipating manufacturer; (ii) a requirement that the Attorney General develop and publish on the Attorney General's website a directory listing all tobacco product manufacturers that have provided current and accurate certifications; (iii) a prohibition against stamping, selling, or importing cigarettes not in the directory; (iv) the appointment of an agent in the Commonwealth for service of process for any nonresident or foreign nonparticipating manufacturer and notice of such agent's termination; (v) reporting quarterly information by the stamping agent as the Tax Commissioner and Attorney General require to facilitate compliance with this act; (vi) proof from the financial institutional that the nonparticipating manufacturer has established a qualified escrow fund; and (vii) a penalty not to exceed the greater of 500 percent of the retail value of the cigarettes sold or $5,000, for any violation involving stamping, selling or importing cigarettes not in the directory.


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