California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.25 - Declaration of Importer Accepting Strict, Joint and Several Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition for
				listing on the California Tobacco Directory, every Non-Participating Manufacturer
				located outside the United States must submit a notarized declaration from each of
				its importers into the United States of any of its Brand Families that the importer
				accepts joint and several liability with the Non-Participating Manufacturer for all
				escrow deposits due and for all penalties assessed in accordance with Article 3
				(commencing with section
				104555) of Chapter 1 of Part 3 of
				Division 103 of the Health and Safety Code, and for payment of all fees, costs,
				attorney's fees, penalties, and refunds imposed or required under section
				30165.1
				of the Revenue and Taxation Code, including, but not limited to, all refunds
				resulting from the removal of the manufacturer or any of its Brand Families from the
				Directory. In the declaration, the importer shall appoint a registered agent for
				service of process in California. Finally, the Non-Participating Manufacturer must
				affirm that it has caused every importer that will sell its cigarettes and tobacco
				products in this state to obtain and maintain a license as an importer pursuant to
				Division 8.6 (commencing with section
				22970) of the Business and Professions
				Code.
(b) Every Non-Participating
				Manufacturer must submit a notarized JUS-TOB12, completed and signed by each of its
				U.S. importers that will sell the manufacturer's Cigarettes in California.
(c) Every Non-Participating Manufacturer must
				submit a notarized JUS-TOB13, completed and signed by each of its U.S. importers
				that will sell its Cigarettes in California.
(d) Every Non-Participating Manufacturer must
				submit copies of all current licenses issued by CDTFA pursuant to Division 8.6
				(commencing with section
				22970) of the Business and Professions
				Code to each of its U.S. importers that sell or will sell its Cigarettes in
				California.
1. New section
				  filed 4-11-2011 as an emergency; operative 4-11-2011 (Register 2011, No. 15). A
				  Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  New section, including amendment of NOTE, refiled 10-7-2011 as an emergency;
				  operative 10-7-2011 (Register 2011, No. 40). A Certificate of Compliance must be
				  transmitted to OAL by 1-5-2012 or emergency language will be repealed by operation
				  of law on the following day.
3. New section and subsequent amendments
				  refiled 1-3-2012 as an emergency; operative 1-5-2012 pursuant to Government Code
				  section
				  11343.4(b)
				  (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by
				  4-5-2012 or emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 1-3-2012 order transmitted to OAL
				  3-26-2012 and filed 5-7-2012 (Register 2012, No. 19).
5. Amendment of
				  section and NOTE filed 5-19-2022; operative 7-1-2022 pursuant to Government Code
				  section
				  11343.4(a)
				  (Register 2022, No. 20). Transmission deadline specified in Government Code section
				  11346.4(b)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
				  calendar days pursuant to Executive Order N-71-20. Filing deadline specified in
				  Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order
				  N-40-20.
Note: Authority cited: Section
					 30165.1,
					 Revenue and Taxation Code. Reference: Section
					 30165.1,
					 Revenue and Taxation Code.