Directory of Cigarette Brands and Brand Families Approved For Stamping and Sale in Delaware
This list of Tobacco Product
Manufacturers has been developed and published as required to comply with
Title 29, Chapter 60D. Enforcement Provisions of Delaware Tobacco Settlement
Act of 1999.
This Directory lists only those Tobacco Product Manufacturer Brands and
Brand Families that have been determined to be in compliance with the laws
of this State and have provided current and accurate certifications
conforming to the requirements set forth by the MSA and Delaware Code.
Tobacco Product Manufacturers that want to be added to this Directory of
Compliant Manufacturers or have questions about certification or forms,
please contact firstname.lastname@example.org or call the State of Delaware, Office of the Attorney General, Department of
Justice, Tobacco Litigation & Enforcement at (302) 577-8400.
Non -Participating Tobacco Manufacturers:
Pursuant to 29 Del. C. ch.60D, this Directory will not consist of
the name or Brand Families of any Non-Participating Manufacturer (NPM) that
has failed to provide the required certification or whose certification the
Attorney General determines is not in compliance with the laws of this State
unless the Attorney General has determined that such violation has been
cured to the satisfaction of the Attorney General.
Be advised that as of July 7, 2003, Section 5346 of Title 30 of Delaware
Code now expressly prohibits the affixing of a tax stamp to any tobacco
product that violates not only Federal law, but also any law of the State of
Delaware. As you are aware, 29 Del. C. § 6082 requires a
"tobacco product manufacturer selling cigarettes to consumers within
the State (whether directly or through a distributor, retailer, or similar
intermediary or intermediaries)" to either become a signatory to the
Master Settlement Agreement, or to escrow a certain sum per tobacco product
unit sold in this State during the prior year. Tobacco manufacturers that
have failed to comply with Section 6082 have violated a law of this State,
and are subject to enforcement action by the Attorney General on behalf of
the State. Consequently, any manufacturer, distributor, retailer, or similar
intermediary who stamps for sale the product of a tobacco manufacturer that
has not complied with 29 Del. C. ch.60D is in violation of 30 Del. C. § 5346. Violators of Section 5346 are subject to penalties
including substantial fines, seizure of product, and license revocation.
The sale of tobacco products manufactured by any entity not included in this
Directory or a signatory to the Master Settlement Agreement, is prohibited
by the law of this State.
NON-PARTICIPATING MANUFACTURER (NPM)
REVISED CIGARETTE REPORTING FORM
DUTY TO REPORT SALES OF CIGARETTE PRODUCTS BY NPM's
Pursuant to the State of Delaware, Department of Finance, Division of Revenue,
Technical Information Memorandum 2002-1, the REVISED Schedule NPM/CIG/RYO
monthly report form must be used to report all purchases of cigarettes and
roll your own tobacco products acquired for sale that are manufactured by
Non-Participating Tobacco Manufacturers.
UPDATING THE DIRECTORY
Affixing Agents and Tobacco Product Manufacturers
check this Directory regularly for updates.
NOTICES OF ADDITIONS and REMOVALS TO THIS DIRECTORY
Notices of additions or removals to this Directory will be transmitted to
Affixing Agents and TPMs via this webpage. If you wish to receive notices
via e-mail, please contact email@example.com or call (302) 577-8400.
30 DAY NOTICES OF REMOVAL FROM CIGARETTE DIRECTORY
Tobacco Product Manufacturers or
Companies listed will be removed from the Directory on the date indicated.
Brands and brand families are deemed contraband on the effective date of
removal from this directory pursuant to State law.
Licensees that sell brands
manufactured by these TPMs/Companies are in violation of both federal and
state law and should cease in order to avoid possible legal action brought
by this office.
(29 Del. C. ch. 60C, 60D; 30 Del. C. ch. 53)
The following forms must be fully completed and forwarded to this office for applicant consideration prior to placement on this Directory.: