SS SCS SB 884 -- TOBACCO REGULATIONS

This bill changes the laws regarding tobacco regulations.  In its
main provisions, the bill:

(1)  Requires every tobacco product manufacturer whose cigarettes
are sold in Missouri to certify to the Director of the Department
of Revenue by April 30 of each year that it is in compliance with
the Tobacco Master Settlement Agreement.  A participating tobacco
manufacturer must include in its certification a list of its
brand families and update the list 30 days prior to any addition
to or modification of its brand families by a supplemental
certification.  A nonparticipating manufacturer must include in
its certification a list of all of its brand families and the
number of units sold for each brand family that was sold in the
state during the preceding calendar year indicating any brand
family that is no longer being sold in the state as of the date
of the certification and the name and address of any other
manufacturer of the brand families in the preceding or current
year.  The nonparticipating manufacturer must update the list 30
days prior to any addition to or modification of its brand
families by a supplemental certification.  A nonparticipating
manufacturer must also certify that it is registered to do
business in the state or has appointed an agent within the state
for the service of process regarding the enforcement of the
provisions of the bill, that it is in full compliance with the
provisions regarding the master agreement, and that it has
established and continues to maintain a qualified escrow fund and
other specified information regarding its financial transactions;

(2)  Requires, on or after January 1, 2011, the department
director to issue, maintain, update when necessary, make
available for public inspection, and publish on its web site a
list of all tobacco product manufacturers that have provided
current and accurate certifications in compliance with the
requirements of the bill and all brand families listed in the
certifications with certain specified exceptions;

(3)  Requires the department director to disclose to the Attorney
General any information received under the provisions of the
master agreement that is requested to determine compliance with
and to enforce the provisions of the agreement.  The department
director and the Attorney General must share with each other
certain specified information;

(4)  Allows the Attorney General, on behalf of the department
director, to seek an injunction to restrain a threatened or
actual violation of certain provisions;

(5)  Requires a stamping agent, who affixes tax stamps to
cigarette packages, to submit an electronic mail address to the
department director for the receipt of required notifications;

(6)  Allows the seizure and forfeiture of cigarettes deemed by a
court of competent jurisdiction to have been sold, offered for
sale, or possessed for sale in violation of the provisions of the
bill.  The state may also recover the costs of investigating and
litigating a violation; and

(7)  Specifies the penalties for a violation of the provisions of
the bill including suspension of the license of a stamping agent
and a class A misdemeanor offense for a violation of various
transactions involving contraband cigarettes.  Monetary penalties
will be deposited into the newly created Tobacco Control Special
Fund to be used to enforce the provisions of the bill.

The bill contains an emergency clause.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:15 pm