59-14-606 - Reporting by stamping agents. - Utah Statutes

59-14-606. Reporting by stamping agents.
(1) A stamping agent shall submit the following information to the commission not laterthan 30 calendar days after the end of each calendar quarter, or more frequently if required by thecommission by administrative rule in accordance with Section 59-14-607:
(a) a list by brand family of the total number of cigarettes for which the stamping agentaffixed stamps during the reporting period;
(b) the equivalent stick count for roll your own tobacco, for which the stamping agentpaid the tobacco product tax during the reporting period;
(c) the equivalent total number of cigarettes or stick count for which the stamping agentpaid taxes for the reporting period; and
(d) any other information the commission determines is necessary to enforce this part.
(2) The stamping agent shall maintain, and make available to the commission, allinvoices and documentation of sales of all nonparticipating manufacturer cigarettes and any otherinformation relied upon in reporting to the commission for a period of five years.
(3) The commission may share information received under this part with federal, state, orlocal agencies as necessary for enforcement of this part, the Model Tobacco Settlement Act, orcorresponding laws of other states.
(4) For purposes of complying with the Model Tobacco Settlement Act, the commissionmay require, at any time, from the nonparticipating manufacturer and from the financialinstitution in which the manufacturer has established a qualified escrow fund, proof of:
(a) the amount of money in the fund, exclusive of interest;
(b) the amount and date of each deposit to the fund; and
(c) the amount and date of each withdrawal from the fund.
(5) In addition to the information required to be submitted pursuant to Sections59-14-214 and 59-22-203 and this part, the commission may require by administrative ruleadopted pursuant to Section 59-14-607, a stamping agent or tobacco product manufacturer tosubmit any additional information including samples of the packaging or labeling of each brandfamily, as is necessary to enable the commission to determine whether a tobacco productmanufacturer is in compliance with this part.
(6) No person shall be issued a license or granted a renewal of a license to act as astamping agent unless the person has certified in writing, under penalty of perjury, that the personwill comply fully with this part.

Enacted by Chapter 204, 2005 General Session