S.C. Code Regs. § § 13-1106

Current through Register Vol. 48, No. 11, November 22, 2024

Section 13-1106 - Certification of Tobacco Product Manufacturers for Tobacco Directory

A. Pursuant to South Carolina Code Section 11-48-30, tobacco product manufacturers who seek to certify their cigarette brands for sale in South Carolina must complete and submit no later than the thirtieth day of April each year the "Tobacco Product Manufacturer Certificate of Compliance" made available on the South Carolina Office of the Attorney General website.

B. In exercising the discretion granted by Section 11-48-30 when considering an application submitted for certification, the Attorney General may consider the following:

1. Whether the entity tendering a certification request is a tobacco product manufacturer;

2. Whether the tobacco product manufacturer is the tobacco product manufacturer, as defined by Section 11-47-20(i), of the cigarette brand listed on the certification application;

3. Whether the brand family sought to be certified by the tobacco product manufacturer is also manufactured by another entity; and whether the tobacco product manufacturer has exclusive rights to the trademark for the brand family. Whether any other tobacco product manufacturer also manufactures cigarettes within the same brand family

4. Completeness, or lack thereof, of the certification request made by the tobacco product manufacturer;

5. Whether the tobacco product manufacturer has provided all requested documents supporting its certification request;

6. Whether the certification request is based on misrepresentation, falsification of facts, false information, nondisclosure, or concealment of facts;

7. Whether the tobacco product manufacturer is in full compliance with all provisions of local, state and federal law;

8. Whether the tobacco product manufacturer, predecessor of the tobacco product manufacturer, or previous manufacturer of the brand is the subject of litigation, including but not limited to violations of any South Carolina statute, regulation, or other law, including, but not limited to, violations of Sections 11-47-10, et seq., through 11-48-10, et seq.;

9. Whether the tobacco product manufacturer has failed to fully fund a qualified escrow fund approved by the Attorney General in a timely and thorough manner;

10. Whether all final judgments and penalties, including interest, costs and attorney fees thereon, in favor of the State of South Carolina, for violation of any South Carolina statute, regulation or other law, including but not limited to violations of Sections 11-47-10, et seq., through 11-48-10, et seq., have been fully satisfied for the brand family, or tobacco product manufacturer;

11. Whether the tobacco product manufacturer has failed to pay any judgment obtained in any jurisdiction, including any civil penalty stemming from any jurisdiction's escrow deposit laws, or whether the tobacco product manufacturer is a defendant in a pending lawsuit brought by another state for failing to sufficiently fund an escrow account pursuant to that state's escrow laws; or whether the tobacco product manufacturer has been removed from another state's tobacco directory;

12. Whether the tobacco product manufacturer has corrected deficiencies in its certification request or criteria set forth herein in a timely and thorough manner;

13. Whether the tobacco product manufacturer has complied in a timely and thorough manner with any request by the Attorney General for additional information or documentation supporting its certification request or the criteria set forth herein;

14. Whether the tobacco product manufacturer is owned, either all or in part, by a person or entity with a current or prior interest in any other tobacco product manufacturer that is, or has been, not in compliance with any South Carolina statute, regulation, or other law, including but not limited to Sections 11-47-10, et seq., through 11-48-10, et seq., or is the subject of litigation for the same;

15. Whether the tobacco product manufacturer is managed or operated by a person with a current or prior interest in any other tobacco product manufacturer that is, or has been, not in compliance with any South Carolina statute, regulation, or other law, including but not limited to Sections 11-47-10, et seq., to 11-48-10, et seq., or is the subject of litigation for the same;

16. Whether the tobacco product manufacturer is owned, either all or in part, by a person or entity, that has failed to pay any judgment obtained in any jurisdiction, including any civil penalty stemming from any jurisdiction's escrow deposit laws; and

17. Any other facts or circumstances the Attorney General determines are relevant.

C. Each Tobacco Product Manufacturer certified on the directory will be required to report its sales of cigarettes into South Carolina for each quarter, utilizing the form provided by the Attorney General on the Attorney General website.

S.C. Code Regs. § 13-1106

Added by State Register Volume 38, Issue No. 6, eff 6/27/2014.