Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications
Section 24.05 - TPM Certification
Universal Citation: 940 MA Code of Regs 940.24
Current through Register 1531, September 27, 2024
(1)The following requirements apply to all TPM Certifications:
(a) The TPM shall utilize the TPM
Certification form prescribed and made available by the Attorney General for
purposes of M.G.L. c. 94F s. 2.
(b)
The TPM Certification must be complete, accurate, and otherwise in compliance
with M.G.L. c. 94F s. 2. The Attorney General in his discretion may require the
submission of additional information and documents, including Cigarette
packaging, in order to verify compliance with M.G.L. c. 94E and M.G.L. c. 94F,
and the regulations at 830 CMR 94E.OO and 940 CMR 24.00.
(c) The TPM Certification and all other
requested forms shall be completed in English. For any attachments not
originally in English, a true and correct translation into English shall be
attached to the original, with a certificate by the translator and by the TPM
as to the accuracy of the translation.
(d) The TPM Certification shall be signed by
an authorized officer of the TPM. All statements made in the TPM Certification
are made under the penalty of perjury.
(e) The TPM shall maintain all invoices and
documentation of sales and other information relied upon in preparing its TPM
Certification for a period of five years from the date of the TPM Certification
filing, unless otherwise required by law to maintain them for a longer
period.
(f) The TPM shall list all
of its Brand Families, regardless of whether there have been any sales of those
brands in Massachusetts.
(g) The
TPM shall provide an electronic mail (e-mail) address for electronic
notifications.
(h) The TPM shall
consent to the jurisdiction of the Superior Court of Massachusetts, and shall
waive any objection to such jurisdiction for purposes of enforcement actions
that may be brought by the Attorney General under M.G.L. c. 94E or M.G.L. c.
94F with respect to the TPM Certification or any Cigarettes sold in
Massachusetts. Such consent and waiver must be effective and binding, and made
in a form and manner acceptable to the Attorney General.
(i) The TPM shall waive any sovereign
immunity defense that may apply to enforcement actions that may be brought by
the Attorney General under M.G.L. c. 94E or M.G.L. c. 94F with respect to the
TPM Certification or any Cigarettes sold in Massachusetts. Such waiver must be
effective and binding, and made in a form and manner acceptable to the Attorney
General.
(2) A TPM shall file a Supplemental TPM Certification immediately upon receipt of information that would make its previously filed TPM Certification incomplete or incorrect. In the event of a proposed change regarding the Brand Families of a TPM, the TPM shall submit a Supplemental TPM Certification no later than 30 days prior to the proposed change.
(a) A Supplemental TPM
Certification shall indicate that it is supplemental to a previously filed TPM
Certification. The TPM shall include only new or changed information in the
Supplemental TPM Certification, and shall sign and date the Supplemental TPM
Certification.
(b) Except where
otherwise indicated in this subsection, the Supplemental TPM Certification
shall satisfy all of the requirements applicable to TPM
Certifications.
(3) The following additional requirements apply to TPM Certifications filed by NPMs:
(a) The NPM shall list only those Brand
Families that it directly and physically manufactures. The NPM shall affirm
that all Cigarettes in its listed Brand Families are deemed to be its
Cigarettes for purposes of M.G.L. c. 94E.
(b) For each Brand Family, the NPM shall
identify any other TPM that has manufactured any Cigarettes within the Brand
Family, and shall provide such additional information as the Attorney General
may request. For purposes of this requirement, "identify" means to provide the
full name, address, and telephone number of the other TPM, and the name and
telephone number of a contact person for the other TPM.
(c) The NPM shall state for each Brand Family
the number of Units Sold in Massachusetts in the preceding calendar
year.
(d) The NPM shall provide
complete and accurate information regarding its Qualified Escrow
Fund.
(e) The NPM shall register to
do business in Massachusetts or appoint an agent for service of process
pursuant to M.G.L. c. 94F s. 3, and provide notice of such registration or
appointment. If the NPM appoints an agent for service of process, it shall
execute the form prescribed by the Attorney General for this purpose.
(f) If an NPM not registered to do business
in Massachusetts intends to terminate an agent for service of process, it shall
notify the Attorney General by filing a Supplemental TPM Certification to that
effect not less than 30 days prior to the termination. In addition, the NPM
shall provide proof of the appointment of a new agent by filing a Supplemental
TPM Certification and a new agent appointment form not less than five days
before the termination.
(g) The NPM
shall provide information regarding its Stampers (or other intermediaries for
"roll-your-own" tobacco) and previous compliance history as requested. top of
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