ROBERT L. EHRLICH, JR., Governor                                Ch. 455

WHICH THE NONPARTICIPATING MANUFACTURER MADE ESCROW PAYMENTS UNDER
SUBSECTION 3(A)(2) OF THE ESCROW ACT AND ALL REGULATIONS ADOPTED UNDER
THAT SECTION.

(E) (1) A TOBACCO PRODUCT MANUFACTURER MAY NOT INCLUDE A BRAND
FAMILY IN ITS CERTIFICATION UNLESS:

(I)       IN THE CASE OF A PARTICIPATING MANUFACTURER, THE
PARTICIPATING MANUFACTURER AFFIRMS THAT THE BRAND FAMILY IS DEEMED TO
BE ITS CIGARETTES FOR PURPOSES OF CALCULATING ITS PAYMENTS UNDER THE
MASTER SETTLEMENT AGREEMENT FOR THE RELEVANT YEAR, IN THE VOLUME AND
SHARES DETERMINED PURSUANT TO IN ACCORDANCE WITH THE MASTER
SETTLEMENT AGREEMENT; AND

(II)     IN THE CASE OF A NONPARTICIPATING MANUFACTURER, THE
NONPARTICIPATING MANUFACTURER AFFIRMS THAT THE BRAND FAMILY IS
DEEMED TO BE ITS CIGARETTES FOR PURPOSES OF THE ESCROW ACT.

(2)      NOTHING IN THIS SECTION MAY BE CONSTRUED AS LIMITING OR
OTHERWISE AFFECTING THE STATE'S RIGHT TO MAINTAIN THAT A BRAND FAMILY
CONSTITUTES CIGARETTES OF A DIFFERENT TOBACCO PRODUCT MANUFACTURER
FOR PURPOSES OF CALCULATING PAYMENTS UNDER THE MASTER SETTLEMENT
AGREEMENT OR FOR PURPOSES OF THE ESCROW ACT.

(3)      THE TOBACCO PRODUCT MANUFACTURER SHALL MAINTAIN ALL
INVOICES AND DOCUMENTATION OF SALES AND ANY OTHER INFORMATION RELIED
UPON FOR ITS CERTIFICATION FOR A PERIOD OF 5 YEARS, UNLESS OTHERWISE
REQUIRED BY LAW TO MAINTAIN THEM FOR A GREATER PERIOD OF TIME.

16-504.

(A)      EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE
COMPTROLLER ATTORNEY GENERAL SHALL DEVELOP AND MAKE AVAILABLE FOR
PUBLIC INSPECTION A DIRECTORY LISTING ALL TOBACCO PRODUCT
MANUFACTURERS THAT HAVE PROVIDED CURRENT AND ACCURATE
CERTIFICATIONS CONFORMING TO THE REQUIREMENTS OF § 16-503 OF THIS
SUBTITLE AND ALL BRAND FAMILIES THAT ARE LISTED IN SUCH CERTIFICATIONS.

(B)      (1) THE COMPTROLLER ATTORNEY GENERAL MAY NOT INCLUDE OR
RETAIN IN THE DIRECTORY THE NAME OR BRAND FAMILIES OF ANY
NONPARTICIPATING MANUFACTURER THAT FAILS TO PROVIDE THE REQUIRED
CERTIFICATION OR WHOSE CERTIFICATION THE COMPTROLLER ATTORNEY
GENERAL DETERMINES IS NOT IN COMPLIANCE WITH § 16-503(C)(3) AND (D) OF THIS
SUBTITLE, UNLESS THE COMPTROLLER ATTORNEY GENERAL HAS DETERMINED
THAT THE VIOLATION HAS BEEN CURED TO THE SATISFACTION OF THE
COMPTROLLER ATTORNEY GENERAL.

(2) NEITHER A TOBACCO PRODUCT MANUFACTURER NOR A BRAND
FAMILY MAY BE INCLUDED OR RETAINED IN THE DIRECTORY IF THE COMPTROLLER
ATTORNEY GENERAL CONCLUDES, IN THE CASE OF A NONPARTICIPATING
MANUFACTURER, THAT:

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