2015 ORS 180.410¹
Manufacturer certification

(1) Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer or similar intermediary shall execute and deliver a certification to the Attorney General certifying that as of the date of the certification, the tobacco product manufacturer is either:

(a) A participating manufacturer; or

(b) In full compliance with ORS 323.806 (Required actions by manufacturers) and with rules adopted under ORS 180.445 (Quarterly escrow deposits) and 180.450 (Judicial review).

(2) The certification required by subsection (1) of this section shall be on a form prescribed by the Attorney General and shall be submitted no later than April 30 each year. The form shall permit the tobacco product manufacturer to indicate the electronic mail address to which the Attorney General may send notice of changes in the directory developed under ORS 180.425 (Attorney General's directory) if the tobacco product manufacturer elects to receive electronic mail notice.

(3) A participating manufacturer shall include in the certification required by subsection (1) of this section a list of its brand families. The participating manufacturer shall update the list at least 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the Attorney General.

(4) A participating manufacturer may not include a brand family in the list required by subsection (3) of this section unless the participating manufacturer affirms that the cigarettes in the brand family are to be considered the participating manufacturer’s cigarettes for purposes of calculating the participating manufacturer’s payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined under the Master Settlement Agreement. This subsection does not limit or otherwise affect the right of the state to maintain that cigarettes in a brand family are those of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.806) to 323.806 (Required actions by manufacturers).

(5) A nonparticipating manufacturer shall include in the certification required by subsection (1) of this section a complete list of:

(a) All of its brand families and the number of units of each brand family that were sold in the state during the preceding calendar year;

(b) All of its brand families that have been sold in the state at any time during the current calendar year;

(c) Any brand family of the manufacturer sold in the state during the preceding calendar year that is no longer being sold in the state as of the date of the certification, which may be indicated on the list described in paragraph (a) of this subsection by an asterisk; and

(d) The name and address of every other tobacco product manufacturer that manufactured a brand family described in paragraph (a) or (b) of this subsection in the preceding or current calendar year.

(6) A nonparticipating manufacturer shall update the list required by subsection (5) of this section at least 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the Attorney General.

(7) A nonparticipating manufacturer may not include a brand family in the list required by subsection (5) of this section unless the nonparticipating manufacturer affirms that the cigarettes in the brand family are to be considered the nonparticipating manufacturer’s cigarettes for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.806) to 323.806 (Required actions by manufacturers). This subsection does not limit or otherwise affect the right of the state to maintain that cigarettes in a brand family are those of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of ORS 323.800 (Definitions for ORS 323.800 to 323.806) to 323.806 (Required actions by manufacturers). [2003 c.801 §3; 2005 c.22 §126]

Note: See note under 180.400 (Legislative findings).

Chapter 180

Notes of Decisions

State Accident Insurance Fund Corpora­tion is subject to the pro­vi­sions of this chapter relating to legal representa­tion. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff'd 294 Or 570, 660 P2d 1061 (1983)

Atty. Gen. Opinions

Legal business of Oregon Medical Insurance Pool is not part of state's legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state of­fi­cer or agency, (1989) Vol 46, p 155


1 Legislative Counsel Committee, CHAPTER 180—Attorney General; Department of Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors180.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 180, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano180.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.