Directory of cigarettes approved for stamping and sale

# (1)

No later than August 30, 2005, the commission shall develop and publish on its website a directory listing:

# (a)

all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Section 59-14-602; and

# (b)

all brand families that are listed in the certifications required by Section 59-14-602, except the commission shall not include or retain in the directory:

(i) the name or brand families of any nonparticipating manufacturer:

(A) who failed to provide the certification required by Section 59-14-602; or

(B) whose certification is determined by the commission to be out of compliance with Section 59-14-602, unless the commission has determined that the violation has been cured to the satisfaction of the commission; or

(ii) a tobacco product manufacturer or brand family of a nonparticipating manufacturer for which the commission determines:

(A) any escrow payment required by Section 59-22-203 for any period, for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement; or

(B) any outstanding final judgment, including interest thereon, for a violation of the Model Tobacco Settlement Act has not been fully satisfied for the brand family or the tobacco product manufacturer.

# (2)

The commission shall update the directory required by this section as necessary:

# (a)

to correct mistakes;

# (b)

to add or remove a tobacco product manufacturer or brand family; and

# (c)

to keep the directory in conformity with the requirements of this part.

# (3)

# (a)

Every stamping agent shall provide to the commission a current and valid electronic mail address for the purpose of receiving notifications from the commission concerning information required by this section and this part.

# (b)

The stamping agent shall update the electronic mail address as necessary.

# (4)

A determination by the commission to not include or to remove a brand family or tobacco product manufacturer from the directory required by this section is subject to review in the manner prescribed by Title 63G, Chapter 4, Administrative Procedures Act.