§ 10-13A-5. Prohibition Against Affixing Tax Stamp to Manufacturer or Brand Not Included in Directory
It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, or import for personal use, in this state, cigarettes of […]
§ 10-13A-6. Agents of Nonresident or Foreign Nonparticipating Manufacturer or Importer; Directory Updating; Refunds Upon Removal From Directory
Any nonresident or foreign nonparticipating manufacturer or importer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state […]
§ 10-13A-7. Bond From Nonparticipating Manufacturers; Escrow
All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney […]
§ 10-13A-8. Documentation to Be Supplied by Distributor; Cooperation Between Commissioner and Attorney General; Promulgation of Regulations
Not later than ten calendar days after the end of each calendar month, and more frequently if so directed by the Attorney General, each distributor shall submit such information as the Attorney General requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of […]
§ 10-13A-9. Suspension of Dealer’s or Distributor’s License; Other Available Remedies; Falsification of Information
In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated Code Section 10-13A-5 or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the dealer or distributor’s license of the stamping agent in the manner provided […]
§ 10-13A-10. Review of Attorney General’s Decision on Removal From Directory; Certification of Full Compliance Required; Recovery of Costs; Conflicts With the Master Settlement Agreement
A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the “Georgia Administrative Procedure Act.” No person shall be issued a license or […]
§ 10-13A-1. Legislative Findings
The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal […]
§ 10-13A-2. Definitions
As used in this chapter, the term: “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol,” “lights,” “kings,” and “100s,” and includes any brand name, alone or in conjunction with any other word, trademark, […]
§ 10-13A-3. Certification of Compliance With Master Settlement Agreement; Requirements; Retention of Documentation of Sales
Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the commissioner and Attorney General, no later than the thirtieth day of April each year, certifying that, […]
§ 10-13A-4. Directory Available via Internet; Requirements for Inclusion and Maintenance; E-Mail Requirement for Distributor
The Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (5) of Code Section 10-13A-2. The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose […]