Application Form And Certification For Manufacturer/importer Cigarette License Page 6
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8BOE-400-LMI (S3B) REV. 2 (1-11)
CALIFORNIA CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003
APPLICATION FOR MANUFACTURER/IMPORTER CIGARETTE LICENSE
5. In addition, if the manufacturer or importer is a "tobacco
This application includes information required to obtain a
manufacturer/importer cigarette license under the California
product manufacturer" as defined in subdivision (i) of
Cigarette and Tobacco Products Licensing Act of 2003, as
section 104556 of the Health and Safety Code, it must
well as a brief description of your responsibilities once the
certify to the BOE that it is a "participating manufacturer"
as defined in subsection II(jj) of the Master Settlement
license is obtained. If you have specific questions about
information contained in this application, please contact the
Agreement (MSA), or is in full compliance with paragraph
Board of Equalization, Taxpayer Information Section at
(2) of subdivision (a) of section 104557 of the Health and
800-400-7115 (TTY: 711). From the main menu, select the
Safety Code.
option Special Taxes and Fees.
HOW DO I APPLY FOR A MANUFACTURER/IMPORTER
WHAT IS THE CALIFORNIA CIGARETTE AND TOBACCO
LICENSE?
PRODUCTS LICENSING ACT OF 2003?
The application is organized in sections. To help issue your
license quickly and accurately, be sure the information you
On October 12, 2003, the State of California enacted the
include in each section is correct and legible.
Cigarette and Tobacco Products Licensing Act of 2003
(Assembly Bill 71 [Chapter 890, Statutes 2003]) (the Act)
Step 1: Complete Your Application and Certification.
which establishes a statewide licensing program under
Fill out the application and certification. If you need any help
Division 8.6 (commencing with section 22970) of the
completing the form or have questions, please call our
California Business and Professions Code. The Act imposed
Taxpayer Information Section at 800-400-7115 (TTY: 711).
licensing requirements on all retailers, wholesalers, and
distributors of cigarettes and tobacco products and all
Step 2: Make Sure You Have the Documents You Need to
manufacturers and importers of cigarettes.
Send With Your Application.
WHO IS REQUIRED TO OBTAIN AND MAINTAIN A
Please read the short checklist below. If you do not have the
MANUFACTURER/IMPORTER LICENSE?
documents you need, please call our Taxpayer Information
Section at 800-400-7115 (TTY: 711).
In accordance with the Act, commencing January 1, 2004,
every manufacturer and importer of cigarettes (defined in
Documents Checklist
section 22971(d) of the Business and Professions Code and
Power of Attorney form (if application is signed by an
30019 of the Revenue and Taxation Code) is required to
agent or you are using an agent's address for mailing
annually obtain and maintain a license from the BOE in order
purposes)
to engage in the sale of cigarettes in California.
Completed, signed application
and BOE-400-LMI2,
WHAT ARE THE REQUIREMENTS TO OBTAIN AND
Schedule of Tobacco Products Brand Family Names.
MAINTAIN A MANUFACTURER/IMPORTER LICENSE?
Step 3: Send in Application and Certification Documents
In order to be eligible for a license under this division, every
manufacturer or importer shall do all of the following:
for Processing.
Make a copy of your completed application for your files,
1. Submit to the BOE a list of all cigarette brand families
then mail the original application
to
the Board of
that it manufactures or imports.
Equalization, Special Taxes and Fees in the envelope
2. Update the list of all cigarette brand families that it
provided, or to P.O. Box 942879, Sacramento, CA
manufactures or imports whenever a new brand or
94279-0088. Please be sure to sign your application and to
additional brand is manufactured or imported, or a listed
include copies of all required documents. Please note: Your
brand is no longer manufactured or imported.
application will not be processed if it is incomplete or if it
is submitted without the required attachments.
3. Consent to jurisdiction of the California courts for the
purpose of enforcement of the Act, appoint a registered
agent for service of process in this state and identify the
registered agent to the BOE, and the Office of the
Attorney General.
4. Certify, both at the time the license is granted and
annually thereafter, that all packages of cigarettes
manufactured or imported and distributed in this state
fully comply with subdivision (b) of section 30163 of the
Revenue and Taxation Code, and that the cigarettes
contained in those packages are the subject of filed
reports that fully comply with the requirements of the
federal Cigarette Labeling and Advertising Act (15 U.S.C.
section 1331 et seq.) for the reporting of ingredients
added to cigarettes.
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