South Carolina Code of Regulations › Chapter 13 - ATTORNEY GENERAL › Article 3 - TOBACCO ENFORCEMENT › Section 13-1106 - Certification of Tobacco Product Manufacturers for Tobacco Directory

Current through Register Vol. 48, No. 6, June 28, 2024
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.