RSA 541-D (All Tobacco Manufacturers)

Manufacturers who have participated in the Tobacco Master Settlement Agreement must include a list of its brand families on the certification form.

Any non-participating manufacturer must also list all of its brand families, and must further list the number of units sold for each brand family during the preceding year, all brand families that have been sold in the state during the current calendar year, and must identify any brand family sold in the state during the preceding calendar year that is no longer being sold in the New Hampshire at the date of certification. Additionally, each non-participating manufacturer will be required to list the name of any manufacturer of such brand families in the preceding calendar year.

Note that this is a continuing duty, and both participating and non-participating manufacturers must update the list of brand families 30 days prior to adding or modifying any of the brand families by submitting a supplemental certification to the attorney general.

Non-participating manufacturers will also be required to certify that they are registered to do business in New Hampshire, or they must identify and provide notice regarding the appointed agent for service of process in the state. Note that information regarding the registered agent must be current. Any non-participating manufacturer must provide notice to the attorney general 30 days prior to termination of the authority of an agent and shall provide proof of a new agent within 5 days of the termination of existing agent. Failure to appoint or designate an agent is deemed to be an appointment of the secretary of state as such agent. (See NH Secretary of State Corporate Division website for a partial agent listing of entities that may be willing to act as agents.)

Additionally, non-participating manufacturers must certify information pertaining to the establishment of a qualified escrow fund, including the name, address and telephone number of the financial institution where the escrow account has been established, detailed information regarding deposits made in the fund for cigarettes sold in the state during the preceding year, as well as the details of any withdrawals made from the fund.

Tobacco product manufacturers must maintain all invoices and documentation of sales and information relied upon for this certification for a period of five years, unless they are otherwise required to maintain them for a greater period of time.

Once a tobacco product manufacturer has provided a current and accurate certification conforming to RSA 541-D, the manufacturer and a list of its brand families will be included on the state website directory. No manufacturer will be included in the website directory until it has:

• provided the proper certification
• provided information regarding its status to do business in New Hampshire or information regarding its registered agent
• affirmed the brand families deemed to be its cigarettes for the purpose of the statutes
• satisfied the attorney general that it has fulfilled its obligations under RSA 541-C.

The directory will be updated by adding and removing manufacturer names as needed.

The attorney general may require both licensed wholesalers and/or manufacturers to supply the attorney general with any additional information to enable the attorney general to determine whether a tobacco product manufacturer is in compliance, including samples of the packaging or labeling of each brand family.

RSA 541-C (Non-Participating Manufacturers – continuing obligation)

In addition, under RSA 541-C, non-participating manufacturers are also required to provide detailed sales data for the year for all of their Brands, together with a calculation of any escrow amount due to the State pursuant to RSA 541-C on the Escrow Certification form listed below.

This form is due by no later than April 15. This requirement is in addition to the certification required under RSA 541-D. If a company does not provide both certifications to the State by the dates indicated, it may not be included on the state's published list of compliant manufacturers.