Form 1783 - South Dakota Tobacco Product Manufacturer Complementary Legislation Certification Page 10
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12GENERAL INFORMATION FOR ANNUAL AND SUPPLEMENTAL FILERS
Who is required to file this Certification?
•
Any Tobacco Product Manufacturer, as defined in SDCL 10-50B-5, whose cigarettes are sold within
the State of South Dakota, whether directly or through any distributor, retailer, or similar intermediary.
•
Participating Manufacturers complete Parts 1, 2A, and 9.
•
Non-participating Manufacturers complete the entire form except section 2A.
When is Annual Certification due?
•
For manufacturers whose cigarettes are sold in South Dakota, this Certification is due on an annual basis no later
than April 30 of each year. Note, however, that escrow deposits are due quarterly, and the Non-participating
Manufacturer must complete and submit a Certificate of Compliance for each quarter with the Attorney General in
compliance with SDCL ch. 10-50B. The Certificate of Compliance Form may be obtained from the Attorney
General’s Office or the Department of Revenue’s website.
•
For manufacturers whose cigarettes are not yet sold in South Dakota, submit this Certification before beginning
sales in South Dakota.
•
For manufacturers making any change(s) to their annual certification or initial certification, submit this Certification
noting the change(s) at least 30 days prior to that change becoming effective.
Where should the Certification be sent?
SD Department of Revenue
Mickelson Building
1302 E. Highway 14 Suite 1
Pierre, SD 57501
Records Retention Information
Tobacco Product manufacturers are required to maintain all invoices and documentation of sales and other such
information relied upon for this certification for a period of 6 years, unless otherwise required by law to maintain them for a
greater period of time. SDCL 10-50-76.
Registered Agent Information (for Non-participating Manufacturers)
Non-participating Manufacturers must either register with the South Dakota Secretary of State to do business in South
Dakota, or retain the services of a registered agent located in the state of South Dakota to act as agent for service of
process.
If the Non-participating Manufacturer terminates the agent’s appointment, the manufacturer shall provide notice of the
termination to the SD Department of Revenue thirty days prior to the termination, and shall provide proof of the
appointment of a new agent not less than five days prior to the termination.
If the registered agent terminates the appointment, the manufacturer shall provide notice to the SD Department of
Revenue along with proof of the appointment of a new agent within five calendar days of the termination.
Cigarette Health-Warning Rotation Plan
A copy of the current Federal Trade Commission (FTC) letter, authorizing your health-warning rotation plan, must be
provided for the cigarette brand families you currently sell in the State of South Dakota. Additional information can be
obtained at:
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
General Information Locator: (202) 326-2222
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