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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement

§16-9D-1. Findings and Purpose

The Legislature finds that violations of article nine-b of this chapter threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state, and the public health. The Legislature finds that enacting procedural enhancements will help prevent violations and aid enforcement of article nine-b of this chapter and thereby safeguard the master […]

§16-9D-10. Effective Date; Implementation

(a) If this act of the Legislature takes effect ninety days from passage, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article, shall be due July 1, 2003, covering the 2002 calendar year, and the additional information required by section three for the current calendar year up […]

§16-9D-2. Definitions

(a) "Brand Family" means all styles of cigarettes sold under the same trade mark 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, logo, symbol, motto, selling message, […]

§16-9D-3. Certifications; Directory; Tax Stamps

(a) Certification. -– 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 commissioner a certification to the commissioner and the Attorney General, no later than April 30 each year, certifying under […]

§16-9D-4a. Listing of Nonparticipating Manufacturers in the West Virginia Tobacco Directory; Bonding Requirement for Nonparticipating Manufacturers Newly Qualified or Posing an Elevated Risk for Noncompliance

(a) Notwithstanding any other provision of law to the contrary, if a newly qualified nonparticipating manufacturer is to be listed in the directory described in subsection (b), section three of this article, or if the Attorney General reasonably determines that a nonparticipating manufacturer who has filed a certification pursuant to section three of this article […]

§16-9D-5. Agent for Service of Process

(a) Requirement for agent for service of process. — (1) Any nonresident or foreign nonparticipating manufacturer 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 […]

§16-9D-6. Reporting of Information; Escrow Installments

(a) Reporting by distributors and other stamping agents. –- (1) Not later than twenty calendar days after the end of each calendar quarter, and more frequently if directed by the commissioner, each distributor or stamping agent shall submit information required by the commissioner to facilitate compliance with this article, including, but not limited to, a […]

§16-9D-7. Electronic Filing of Quarterly Reports

(a) Electronic filing required. — After September 1, 2003, the quarterly reports required by section six of this article from distributors and stamping agents shall be electronically filed with the Tax Commissioner. (b) "Filed electronically" defined. — For purposes of this section, "filing electronically" means the filing of a report or other document by any […]

§16-9D-8. Penalties and Other Remedies

(a) Revocation of business registration certificate and civil money penalty. -– In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor, stamping agent or any other person has violated subsection (c), section three of this article, or any rule adopted pursuant thereto, the […]

§16-9D-9. Miscellaneous Provisions

(a) Notice and review of determination. -– A determination of the commissioner or the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer is subject to review in the manner prescribed by article ten-a, chapter eleven of this code, by filing a petition for review with […]