Section 303. Certification.
(a) Required information.--A tobacco product manufacturer whose cigarettes are sold in this Commonwealth, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver to the Attorney General a certification under penalty of perjury that, as of the date of the certification, the tobacco product manufacturer is either a participating manufacturer or is in full compliance with this act and the Tobacco Settlement Agreement Act. In the case of a nonparticipating manufacturer, the certification shall include a statement that:
(1) The nonparticipating manufacturer is registered to do business in this Commonwealth or has appointed a resident agent for service of process and provided notice of the registration or appointment under section 305.
(2) The nonparticipating manufacturer has established and continuously maintains a qualified escrow fund and has executed a qualified escrow agreement approved by the Attorney General.
(3) The nonparticipating manufacturer has posted the bond required under section 313. ((3) added Oct. 11, 2023, P.L.51, No.11)
(b) Form.--The certification submitted under this section shall be on a form prescribed by the Attorney General.
(c) Time.--Initial certifications shall be due 45 days after the effective date of this section. Thereafter, certifications shall be executed no earlier than April 15 of each year and shall be delivered to the Attorney General no later than April 30 each year.
Compiler's Note: See section 8 of Act 11 of 2023 in the appendix to this act for special provisions relating to applicability. The notice regarding consent of participating manufacturers under the Master Settlement Agreement was published on January 6, 2024, at 54 Pa. B. 72.