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Tobacco Product Manufacturer Requirements and Resources

Non-Participating Manufacturers

Forms and Instructions may require Adobe Acrobat Reader dowload to view.

Forms:

Certifications of Compliance:

Certifications of No Sales:

Annual Certification Application Instructions:

Tobacco Product Manufacturers who submit an initial certification application, or if this office has previously determined the TPM is an “elevated risk” company, will be required to post a bond before the application will be considered for review pursuant to Va. Code §3.2-4206.1. (New Information) To access to the bond form.

Annual certification applications are due in this office no later than April 30.

Supplemental certification applications are due in this office 30 days prior to any desired changes to previously approved certification applications.

All fields must be filled in and all attachment/supporting documentation must be included with the certification application before it will be considered for review.

Initials and date are required at the bottom of pages 1-13.

This office may require other supplemental supporting documentation in addition to what is expressly outlined in the certification application.

Part 1: Type of Certification Application            

Indicate whether the certification application is initial, annual, or supplemental by marking the corresponding line on the application. For initial and annual certification applications, enter the date by sales year.  

Part 2: TPM Identification

Enter the required information as described in the certification application.
         
Attachments/supporting documentation is required and described on page 10 of the certification application.

Part 3: Registered Agent Identification for Service of Process within the Commonwealth of Virginia

Non-participating manufacturers located within the United States and non-participating manufacturers and/or importers located outside of the United States, enter the required information as described in the certification application.

Attachments/supporting documentation is required and described on page 10 of the certification application.

Part 4: Fabricator Identification

Enter the required information as described in the certification application.

Attachments/supporting documentation is required and described on page 10 of the certification application.

Part 5: Brand Families and Brand Styles the TPM seeks to certify

Enter the required information as described in the certification application.

Initials and date are required after the statement: The TPM seeks to certify the following Brands, Brand Families and Brand Styles and accepts escrow responsibility for all cigarettes and/or Roll-Your-Own tobacco sold within or into the Commonwealth of Virginia.

Cigarette “units sold” is the Number of individual cigarettes sold in the Commonwealth of Virginia, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the Sales Year, as measured by excise taxes collected by the Commonwealth on cigarette packs bearing the excise tax (revenue) stamp of the Commonwealth.

RYO Tobacco product “units sold” is the Number of ounces of RYO tobacco product sold in the Commonwealth of Virginia, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the Sales Year, as measured by excise taxes collected by the Commonwealth on RYO tobacco divided by 0.09.

For example, if the total number of ounces equals 1200, then the “units sold” equal 13,333.33. (1200oz ÷ .09 = 13,333.33)

Attachments/supporting documentation is required and described on page 11 of the certification application.

Part 6: United States Surgeon General Warnings

This part applies to cigarettes only.

Enter the required information as described in the certification application.

Part 7: Stamping Agent Identification

Enter the required information as described in the certification application.

Part 8: Internet and Mail Order Sales

Enter the required information as described in the certification application.

Part 9: Qualified Escrow Fund

Enter the required information as described in the certification application.

Attachments/supporting documentation is required and described on page 11 of the certification application.

Part 10: Disclosure of Enforcement Actions and Prior Determinations

Mark the line with the appropriate “yes” or “no” response to questions A though E. If the answer is “yes” to any or all of the questions, then attachments/ supporting documentation is required and described on page 12 of the certification application.

Part 11: Additional Attachments and Supporting Documentation.

See page 13 of the certification application for descriptions of the additional attachments and supporting documentation that must be included.

Part 12: Affidavit of Tobacco Product Manufacturer

The affidavit must be executed by an authorized officer and be subscribed and sworn before a notary.

Mail the original fully executed Certification Application and all attachments and supporting documents to:    

Office of the Attorney General
Attn: Tobacco Enforcement Unit

Office of the Attorney General
900 East Main Street
Richmond, Virginia  23219

Mail a copy of the Certification Application to:

Virginia Departement of Taxation
Attn: Tobacco Tax Unit

P.O. Box 715
Richmond, Virginia 23218