Form 55b - Tobacco Product Manufacturer'S Certification - 2017 Page 2
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10Part 2: Brand Family Identification.
B. Consent to Suit.
Only those brand families listed may be included on the Directory.
The nonparticipating manufacturer must consent to suit
in the district courts of the State of Nebraska if the State of
A. Participating Manufacturers
Nebraska commences litigation to enforce the provisions
of Neb. Rev. Stat. §§ 69-2703 to 69-2710 or if the State of
A participating manufacturer shall update such list thirty
Nebraska brings any action regarding a released claim as that
(30) calendar days prior to any addition to or modification
term is defined by Neb. Rev. Stat. § 69-2702. Appropriate
of its brand families by executing and delivering a
documentation authorizing the person executing the
supplemental certification to the Attorney General and the
certification to consent on behalf of the nonparticipating
Tax Commissioner.
manufacturer to its being sued in Nebraska district court
must also be attached (i.e. Board of Director’s resolution).
•
If you need additional information regarding the Federal
Trade Commission (FTC) approval letter for the health-
C. Importer’s Joint and Several Liability.
warning rotation plan, you can contact the Federal Trade
Commission, 600 Pennsylvania Avenue, N.W., Washington
Every nonparticipating manufacturer located outside of the
D.C. 20580, General Information Locator: (202) 326-2222,
United States must provide a fully and correctly executed
copy of the Importer Acceptance of Joint and Several
Liability Form prepared by the office of the Nebraska
•
If you need additional information regarding the Center
Attorney General with all required attachments.
for Disease Control ingredient listing compliance letter,
you can contact the Center for Disease Control and
Part 7: Nonparticipating Manufacturer Qualified
Prevention, 1600 Clifton Road, Atlanta, GA 30333,
Escrow Account.
1-800-232-4636,
A. Qualified Escrow Fund Information
B. Nonparticipating Manufacturers
Pursuant to Neb. Rev. Stat. § 69-2706(1)(d)(ii), all Escrow
A nonparticipating manufacturer shall update such list thirty
Agreements must be approved by the Attorney General.
(30) calendar days prior to any addition to or modification
B. Escrow Deposit/Withdrawal History for Nebraska
of its brand families by executing and delivering a
supplemental certification to the Attorney General and the
Identify: (i) the amount the nonparticipating manufacturer
Tax Commissioner.
placed in the qualified escrow fund for cigarettes
sold in the state during each preceding calendar year;
•
If you need additional information regarding the health-
(ii) the amount of and date of any withdrawal or transfer
warning rotation plan or the ingredient compliance letter,
of funds the nonparticipating manufacturer made at any
please refer to the information above.
time from the fund or from any other qualified escrow fund
Part 6: Nonparticipating Manufacturer Liability; Joint and
into which the manufacturer ever made escrow payments
Several Liability.
pursuant to Neb. Rev. Stat. § 69-2703(2), § 69-2708 and all
regulations promulgated pursuant thereto. You must attach
A. Agent for Service of Process
copies of records of the financial institution confirming
the foregoing. Note: All withdrawals must comply with
Every nonparticipating manufacturer shall execute and
Neb. Rev. Stat. § 69-2703(2)(b). Verification of compliance
deliver a supplemental certificate to the Nebraska Attorney
must be provided.
General and the Tax Commissioner thirty (30) days prior to
the termination of the authority of an agent and shall further
Part 8: Bond or Cash Equivalent for Nonparticipating
provide proof to the satisfaction of the Attorney General of
Manufacturer.
the appointment of a new agent not less than five (5) days
prior to the termination of an existing agency appointment.
Part 9: Execution by Authorized Designee.
In the event an agent terminates an agency appointment,
The person executing the certification must be an officer or
the nonparticipating manufacturer shall notify the Attorney
other authorized designee of the tobacco product manufacturer
General and Tax Commissioner within five (5) days and
identified in Part 1. Proof of such authorization may be required.
shall include proof to the satisfaction of the Attorney
The designee’s name and title must be clearly printed and the
General of the appointment of a new agent.
certification must be executed in the presence of an authorized
(1) If the nonparticipating manufacturer has appointed
notary public.
an agent for service of process, you must supply a
NOTE: Incomplete and/or illegible Certification forms and
current letter from the registered agent accepting
any attachments will be returned.
the appointment.
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