Nonparticipating manufacturer certification
- • rules
In the certification required by ORS 180.410 (Manufacturer certification) (1), a nonparticipating manufacturer shall further certify:
(1) That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment as required by ORS 180.430 (Nonresident nonparticipating manufacturer service agent).
(2) That the nonparticipating manufacturer:
(a) Has established and continues to maintain a qualified escrow fund; and
(b) Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund. The Attorney General shall adopt rules defining the form and content of a model escrow agreement. A nonparticipating manufacturer that executes the model escrow agreement is deemed to have satisfied the requirement that it use a form of escrow agreement that has been reviewed and approved by the Attorney General.
(3)(a) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by ORS 323.806 (Required actions by manufacturers);
(b) The account number of the qualified escrow fund and any subaccount number for the State of Oregon;
(c) The amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in Oregon during the preceding calendar year, the amount and date of each deposit and evidence or verification as may be deemed necessary by the Attorney General to confirm the amounts and dates; and
(d) The amount and date of any withdrawal of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments pursuant to ORS 323.806 (Required actions by manufacturers).
(4) That the nonparticipating manufacturer has posted a bond in accordance with ORS 180.416 (Nonparticipating manufacturer bond).
(5) That all shipments or sales made within or into this state by the nonparticipating manufacturer or its importer are made to a distributor of cigarettes licensed under ORS 323.105 (Distributor’s license) or a distributor of tobacco products licensed under ORS 323.530 (Issuance of license). [2003 c.801 §4; 2017 c.687 §6]
Note: See note under 180.400 (Legislative findings).
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.