Section 10IAC6-3-3. Requirements to be listed

   In order for a brand family to be listed in the directory, the tobacco product manufacturer must comply with IC 24-3-5.4-13 and IC 24-3-5.4-14. In evaluating whether to list a brand family, the attorney general shall consider the following:

(1) Whether the certification information is complete under IC 24-3-5.4-13.

(2) Whether the tobacco product manufacturer has provided all requested documents supporting its certification under IC 24-3-5.4-13.

(3) Whether the certification is based on misrepresentation, false information, nondisclosure, or concealment of facts.

(4) Whether the tobacco product manufacturer is prohibited from selling a brand family in Indiana by any applicable federal or state law.

(5) Whether the:

(A) tobacco product manufacturer;

(B) predecessor of the tobacco product manufacturer; or

(C) previous manufacturer of the brand;

is the subject of an injunction obtained by the state of Indiana for failure to comply with IC 24-3-3.

(6) Whether the tobacco product manufacturer has failed to fully fund a qualified escrow fund approved by the attorney general.

(7) Whether all final judgments and penalties, including interest, costs, and attorney's fees in favor of the state of Indiana for failure to comply with IC 24-3-3, have been fully satisfied.

(8) Whether the tobacco product manufacturer has complied in a timely and thorough manner with any request by the attorney general for additional information of documentation supporting its certification.

(9) Whether the tobacco product manufacturer is owned, managed, or operated by a person with a current or prior interest in any other tobacco product manufacturer that is, or has been, not in compliance with IC 24-3-3.

(10) Information from any other source, such as the department of state revenue, distributors, the federal Tobacco Tax Bureau and Customs, that pertains to the verification of the accuracy of the information provided by the tobacco product manufacturer.

(11) Any other facts or circumstances deemed relevant to the attorney general regarding compliance with IC 24-3-5.4 and IC 24-3-3.

(Office of Attorney General for the State; 10 IAC 6-3-3; filed Jan 24, 2011, 10:12 a.m.: 20110223-IR-010100106FRA)