§ 999.23. Applying for Relisting of Brand Families and Tobacco Product Manufacturers.

If a Tobacco Product Manufacturer and its Brand Families have been removed from the Directory, the Tobacco Product Manufacturer may apply for relisting by:

(a) complying with all of the Certification requirements of 999.16, 999.17, 999.18, 999.20 and 999.21, and

(b) submitting the following documentation:

(1) Written confirmation from all Distributors to which the Tobacco Product Manufacturer's Cigarettes were sold that the Tobacco Product Manufacturer has reimbursed those Distributors for the cost to the Distributors of the Cigarettes or tobacco product to which the stamp or meter impression was affixed, or the tax paid, during the removal period;

(2) Written confirmation from the escrow agent of the amounts held on deposit and any other account information required to enable the Attorney General to determine that all escrow deposits required pursuant to Health and Safety Code section 104557 for the Brand Family removed from the Directory have been deposited into a Qualified Escrow Fund; and

(3) Written confirmation that any outstanding final judgments, including interest thereon, for violations of Article 3 (commencing with section 104555) of Chapter 1 of Part 3 of Division 103 of the Health and Safety Code have been fully satisfied for the Non-Participating Manufacturer and Brand Family removed from the Directory.

HISTORY

1. New section filed 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 pursuant to Revenue and Taxation Code section 30165.1 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of History 1 (Register 2004, No. 49).

3. Certificate of Compliance as to 4-26-2004 order, including amendment of subsection (b)(2), transmitted to OAL 10-22-2004 and filed 12-6-2004 (Register 2004, No. 49).

Note

Note: Authority cited: Section 30165.1(o), Revenue and Taxation Code. Reference: Section 30165.1(b), (c), (f), (g), (h) and (j), Revenue and Taxation Code.