Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 42 Implementation Of Tobacco Master Settlement Agreement

• 3.2-4200 (Effective October 1, 2008) Definitions.
  As used in this article: "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the ...
• 3.2-4201 (Effective October 1, 2008) Requirements on tobacco product manufacturers; escrow of funds; civil p...
  A. Any tobacco product manufacturer selling cigarettes to consumers within the Commonwealth, whether directly or through a distributor, retailer or similar intermediary or intermediaries, after ...
• 3.2-4202 (Effective October 1, 2008) Assignment to the Commonwealth of rights to tobacco manufacturer escro...
  Notwithstanding the provisions of subsection B of § 3.2-4201, a tobacco product manufacturer who elects to place funds into escrow pursuant to subdivision A 2 ...
• 3.2-4203 (Effective October 1, 2008) Withdrawal of escrow funds assigned and contributed to the Commonwealth...
  Notwithstanding the provisions of subsection B of § 3.2-4201, any escrow funds assigned and contributed to the Commonwealth pursuant to § 3.2-4202, less the aggregate ...
• 3.2-4204 (Effective October 1, 2008) Definitions.
  As used in this article: "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of ...
• 3.2-4205 (Effective October 1, 2008) Certifications.
  A. Every tobacco product manufacturer whose cigarettes are sold in the Commonwealth whether directly or through a distributor, retailer or similar intermediary or intermediaries shall ...
• 3.2-4206 (Effective October 1, 2008) Directory of cigarettes approved for stamping and sale.
  A. Not later than October 1, 2003, the Attorney General shall develop and publish on its website a directory listing all tobacco product manufacturers that ...
• 3.2-4206.1 (Effective October 1, 2008) Bond requirement for newly qualified and elevated-risk nonparticipatin...
  A. Notwithstanding any other provision of law, if a newly qualified nonparticipating manufacturer is to be listed in the Virginia Tobacco Directory (the Directory), or ...
• 3.2-4207 (Effective October 1, 2008) Prohibition against stamping or sale or import of cigarettes not in th...
  It shall be unlawful for any person (i) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer ...
• 3.2-4208 (Effective October 1, 2008) Agent for service of process.
  A. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, ...
• 3.2-4208.1 (Effective October 1, 2008) Joint and several liability.
  For each nonparticipating manufacturer located outside the United States, each importer into the United States of any such nonparticipating manufacturer's brand families that are sold ...
• 3.2-4209 (Effective October 1, 2008) Reporting of information.
  A. Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Commissioner, each stamping agent ...
• 3.2-4209.1 (Effective October 1, 2008) Additional information required.
  A. When used in this section, the term "applicable returns" means the following returns or reports relating to cigarettes that are filed or required to ...
• 3.2-4210 (Effective October 1, 2008) Escrow fund information.
  The Attorney General at any time may require a nonparticipating manufacturer to provide proof from the financial institution in which such manufacturer has established a ...
• 3.2-4211 (Effective October 1, 2008) Quarterly escrow payments by certain nonparticipating manufacturers...
  A. Notwithstanding the provisions of § 3.2-4201, on and after January 1, 2007, the Attorney General may require a nonparticipating manufacturer that is a new ...
• 3.2-4212 (Effective October 1, 2008) Penalties and other remedies.
  A. In addition to any other civil or criminal penalty or remedy provided by law, upon a determination that any person has violated § 3.2-4207 ...
• 3.2-4213 (Effective October 1, 2008) Notice and review of determination.
  A determination of the Attorney General to not list or to remove from the Directory a brand family or tobacco product manufacturer shall be subject ...
• 3.2-4214 (Effective October 1, 2008) Promulgation of regulations.
  The Commissioner may promulgate regulations necessary to assist him in performing his duties prescribed by this article. (2003, c. 798, § 3.1-336.12; 2008, c. 860.) ...
• 3.2-4215 (Effective October 1, 2008) Submission to jurisdiction of the Commonwealth; pleadings in English su...
  A. Any tobacco product manufacturer that produces cigarettes sold or offered for sale into or within the Commonwealth shall be deemed to have submitted to ...
• 3.2-4215.1 (Effective October 1, 2008) Authority of Attorney General; audit and investigation.
  The Attorney General or his authorized representative shall have the authority to: 1. Conduct audits and investigations of (i) a nonparticipating manufacturer and its importers ...
• 3.2-4216 (Effective October 1, 2008) Recovery of costs and fees by Attorney General.
  In any action brought by the Commonwealth to enforce this article or Article 1 (§ 3.2-4200 et seq.) of this chapter in which the Commonwealth ...
• 3.2-4217 (Effective October 1, 2008) Disgorgement of profits for violations.
  If a court determines that a person has violated this article, the court shall order any profits, gain, gross receipts or other benefit from the ...
• 3.2-4217.1 (Effective October 1, 2008) Presumption.
  In any action under subsection C of § 3.2-4201, reports of numbers of cigarettes stamped submitted to the Attorney General pursuant to subsection A of ...
• 3.2-4218 (Effective October 1, 2008) Conflicts.
  If an appropriate court finds that the provisions of this article and of Article 1 (§ 3.2-4200 et seq.) of this chapter conflict and cannot ...

Last modified: April 2, 2009