{"data":{"id":"us-ky/krs-131.608","jurisdiction":"us-ky","citation":"KRS 131.608","heading":"131.608   Annual and quarterly certifications to Attorney General by participating","body":"and nonparticipating manufacturers -- Contents -- Scope -- Records.\n(1) Prior to selling cigarettes in Kentucky, directly or through a distributor, retailer, or\nsimilar interm ediary or intermediaries, every tobacco product manufacturer shall\ncertify as true under penalty of perjury that, as of the date of certification, the\ntobacco product manufacturer is a:\n(a) Participating manufacturer; or\n(b) Nonparticipating manufacturer;\nin full compliance with the provisions of KRS 131.600 to 131.630, 138.130 to\n138.205, 248.752, and 248.754 and any administrative regulations promulgated\nthereunder. The participating manufacturer and the nonparticipating manufacturer\nshall execute and de liver an annual certification to the Attorney General on a form\nprescribed by the Attorney General no later than April 30 of each year. The\nnonparticipating manufacturer shall also submit a quarterly certification at the time\nand on a form prescribed by the Attorney General.\n(2) A participating manufacturer shall include in its certification a list of its brand\nfamilies. The participating manufacturer shall update the list thirty (30) calendar\ndays prior to any addition to or modification of its brand famil ies by executing and\ndelivering a supplemental certification to the Attorney General.\n(3) A nonparticipating manufacturer shall include in its certification:\n(a) A complete list of its brand families;\n(b) A separate list of its brand families and the numbe r of units sold in Kentucky\nfor each brand family during the preceding calendar year;\n(c) A separate list of all of its brand families that have been sold in Kentucky at\nany time during the current calendar year including:\n1. Indicating by an asterisk any brand family sold in Kentucky during the\npreceding calendar year that is no longer being sold in Kentucky as of\nthe date of the certification; and\n2. Identifying by name and address any other manufacturer of such brand\nfamilies in the preceding or current calendar year;\n(d) A full disclosure of any removals or notices of removal from other state\ndirectories, which may be used as a basis to deny certification;\n(e) A listing of and a declaration from each of its importers of any of its brand\nfamilies. The declaration shall state the following:\n1. The importer accepts joint and several liability with the nonparticipating\nmanufacturer for all obligations to place funds  into a qualified escrow\nfund, for payment of all civil penalties, and for payment of all reasonable\ncosts and expenses of investigation and prosecution, including attorneys'\nfees, as provided in KRS 131.602;\n2. The importer consents to personal jurisdicti on in this state for the\npurpose of claims by the state for any obligation to place funds into a\nqualified escrow fund, for payment of all civil penalties, and for\npayment of any reasonable costs and expenses of investigation or\nprosecution, including attorneys' fees, as provided in KRS 131.602;\n3. The importer has appointed a registered agent for service of process in\nthis state according to the same requirements established for the\nnonparticipating manufacturer as provided in KRS 131.614;\n4. The importer holds a valid permit under 26 U.S.C. sec. 5713;\n5. The importer is in compliance with the federal Jenkins Act, 15 U.S.C.\nsecs. 375 et seq., as amended by the Prevent All Cigarette Trafficking\n(Pact) Act, Pub. L. No. 111-154, 124 Stat. 108; and\n6. The importer has complied with KRS 138.130 to 138.205, 248.752, and\n248.754 and any administrative regulations promulgated thereunder; and\n(f) Verification that the nonparticipating manufacturer has provided the\nfollowing:\n1. The name, address, and telephone number  of the financial institution\nwhere the nonparticipating manufacturer has established a qualified\nescrow fund required under KRS 131.602 and all administrative\nregulations promulgated thereunder;\n2. The account number of the qualified escrow fund and any s ubaccount\nnumber for the state of Kentucky;\n3. The amount the nonparticipating manufacturer placed in the fund for\ncigarettes sold in Kentucky during the preceding calendar year, the date\nand amount of each deposit and evidence or verification, as may be\ndeemed necessary, by the Attorney General to confirm the foregoing;\n4. The amount and date of any withdrawal or transfer of funds the\nnonparticipating manufacturer made at any time from the fund, or from\nany other qualified escrow fund into which it ever ma de escrow\npayments pursuant to KRS 131.602 and all administrative regulations\npromulgated thereunder.\n(4) A nonparticipating manufacturer requesting certification shall further certify that it:\n(a) Is registered to do business in Kentucky or has appointed a resident agent for\nservice of process and provided notice as required by KRS 131.614;\n(b) Holds a valid permit under 26 U.S.C. sec. 5713;\n(c) Has established and continues to maintain a qualified escrow fund pursuant to\nKRS 131.602 and has executed a qua lified escrow agreement that governs the\nqualified escrow fund and that has been reviewed and approved by the\nAttorney General;\n(d) Is in full compliance with KRS 131.600 to 131.630 and 138.130 to 138.205\nand any administrative regulations promulgated thereunder;\n(e) Is in compliance with the federal Jenkins Act, 15 U.S.C. secs. 375 et seq., as\namended by the Prevent All Cigarette Trafficking (Pact) Act, Pub. L. No. 111-\n154, 124 Stat. 108; and\n(f) Whether acting as an individual, entity, or any other group or combination\nacting as a unit, or any partner, director, principal officer, or manager of the\nentity or any other group or combination acting as a unit, has not been\nconvicted of or entered a plea of guilty or nolo contendere to:\n1. A crime relating to t he reporting, distribution, sale, or taxation of\ncigarettes or tobacco products; or\n2. A crime involving fraud, falsification of records, improper business\ntransactions, or reporting;\nfor ten (10) years from the expiration of probation or final discharge from\nparole or maximum expiration of sentence.\n(5) A tobacco product manufacturer may not include a brand family in its certification\nunless:\n(a) In the case of a participating manufacturer, the participating manufacturer\naffirms that the brand family is t o be deemed to be its cigarettes for purposes\nof calculating its payments under the master settlement agreement for the\nrelevant year, in the volume and shares determined pursuant to the master\nsettlement agreement; and\n(b) In the case of a nonparticipatin g manufacturer, the nonparticipating\nmanufacturer affirms that the brand family is to be deemed to be its cigarettes\npursuant to KRS 131.602.\n(6) The nonparticipating manufacturer shall update all lists thirty (30) calendar days\nprior to any addition to or  modification of its brand families by executing and\ndelivering a supplemental certification to the Attorney General.\n(7) Nothing in this section shall be construed as limiting or otherwise affecting the\nstate's right to maintain that a brand family consti tutes cigarettes of a different\ntobacco product manufacturer for purposes of calculating payments under the\nmaster settlement agreement or for purposes of KRS 131.602.\n(8) The tobacco product manufacturers shall main tain all invoices and documentation\nof sales and other information relied upon for a certification for a period of five (5)\nyears.","path":["KRS Chapter 131"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44702","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:22Z","sha256":"58196458ef500d1fcbcd5958f99fb01010653fbbee5c90d4801ed5e354b60b39","source_id":"us-ky","stale":false,"prev":"us-ky/krs-131.606","next":"us-ky/krs-131.610"},"notice":"GroundRules: Original legal text. Not legal advice."}