{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4211.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4211.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4211.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4211.html"}],"law_id":67252,"edition_id":1,"section_id":67252,"structure_id":14890,"section_number":"3.2-4211","catch_line":"Quarterly escrow payments by certain nonparticipating manufacturers","history":"2006, c. 674, \u00a7 3.1-336.9:1; 2008, c. 860; 2011, c. 297.","full_text":"A\n\nNotwithstanding the provisions of § 3.2-4201, on and after January 1, 2007, the Attorney General may require a nonparticipating manufacturer that is a new market entrant or that has been designated by the Attorney General as an elevated risk pursuant to subsection C of § 3.2-4206.1 to make the escrow payments required by § 3.2-4201 on a quarterly, rather than annual basis. For the purposes of this section, a “new market entrant” shall mean a tobacco product manufacturer that first seeks certification pursuant to § 3.2-4205 on or after January 1, 2007.B\n\nA nonparticipating manufacturer required to make quarterly payments pursuant to this section shall place into a qualified escrow account the amounts required pursuant to subdivision A 2 of § 3.2-4201 by the fifteenth of the second month following the end of each calendar quarter, except the payment for the last quarter of a calendar year shall be made by April 15 of the year following the year in question. Any adjustments for inflation to the amounts placed into a qualified escrow pursuant to this section shall be reflected in the payments for the last quarter of a calendar year.C\n\nA nonparticipating manufacturer required to make payments pursuant to this section shall also provide the certification required by subsection C of § 3.2-4201 on a quarterly basis. Any such nonparticipating manufacturer that fails in any quarter to place into escrow the funds required under this section shall be subject to the penalty provisions of § 3.2-4201.D\n\nThe Attorney General is authorized to create any forms and require any nonparticipating manufacturer required to make quarterly payments pursuant to this section to submit any additional information as is necessary to enable the Attorney General to determine whether the nonparticipating manufacturer is in compliance with the provisions of this section. At the time the nonparticipating manufacturer is first certified by the Attorney General pursuant to § 3.2-4205 or at any time that the nonparticipating manufacturer is designated by the Attorney General as an elevated risk pursuant to subsection C of § 3.2-4206.1, the Attorney General will notify the nonparticipating manufacturer as to whether it will be required to make quarterly payments pursuant to this section. The Attorney General may seek an injunction to compel compliance with the reporting requirements. In any action brought pursuant to this subsection in which the Commonwealth prevails, the Commonwealth shall be entitled to recover the reasonable costs of investigation, costs of the action, and reasonable attorney fees.E\n\nA nonparticipating manufacturer required to make quarterly payments pursuant to this section who fails to properly do so shall be deemed to have failed to make required payments pursuant to § 3.2-4201 and shall be subject to all enforcement actions available for a violation of § 3.2-4201.F\n\nA nonparticipating manufacturer required to make quarterly payments pursuant to this section who, to the satisfaction of the Attorney General, has complied with the provisions of Article 1 (§ 3.2-4200 et seq.) of this chapter and the provisions of this article for a period of at least three calendar years may, upon request and upon the concurrence of the Attorney General, be permitted to make annual payments pursuant to Article 1 (§ 3.2-4200 et seq.) of this chapter and be relieved of further obligation to make quarterly payments.","order_by":null,"text":{"0":{"id":243743,"text":"Notwithstanding the provisions of § 3.2-4201, on and after January 1, 2007, the Attorney General may require a nonparticipating manufacturer that is a new market entrant or that has been designated by the Attorney General as an elevated risk pursuant to subsection C of § 3.2-4206.1 to make the escrow payments required by § 3.2-4201 on a quarterly, rather than annual basis. For the purposes of this section, a “new market entrant” shall mean a tobacco product manufacturer that first seeks certification pursuant to § 3.2-4205 on or after January 1, 2007.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243744,"text":"A nonparticipating manufacturer required to make quarterly payments pursuant to this section shall place into a qualified escrow account the amounts required pursuant to subdivision A 2 of § 3.2-4201 by the fifteenth of the second month following the end of each calendar quarter, except the payment for the last quarter of a calendar year shall be made by April 15 of the year following the year in question. Any adjustments for inflation to the amounts placed into a qualified escrow pursuant to this section shall be reflected in the payments for the last quarter of a calendar year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243745,"text":"A nonparticipating manufacturer required to make payments pursuant to this section shall also provide the certification required by subsection C of § 3.2-4201 on a quarterly basis. Any such nonparticipating manufacturer that fails in any quarter to place into escrow the funds required under this section shall be subject to the penalty provisions of § 3.2-4201.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243746,"text":"The Attorney General is authorized to create any forms and require any nonparticipating manufacturer required to make quarterly payments pursuant to this section to submit any additional information as is necessary to enable the Attorney General to determine whether the nonparticipating manufacturer is in compliance with the provisions of this section. At the time the nonparticipating manufacturer is first certified by the Attorney General pursuant to § 3.2-4205 or at any time that the nonparticipating manufacturer is designated by the Attorney General as an elevated risk pursuant to subsection C of § 3.2-4206.1, the Attorney General will notify the nonparticipating manufacturer as to whether it will be required to make quarterly payments pursuant to this section. The Attorney General may seek an injunction to compel compliance with the reporting requirements. In any action brought pursuant to this subsection in which the Commonwealth prevails, the Commonwealth shall be entitled to recover the reasonable costs of investigation, costs of the action, and reasonable attorney fees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":243747,"text":"A nonparticipating manufacturer required to make quarterly payments pursuant to this section who fails to properly do so shall be deemed to have failed to make required payments pursuant to § 3.2-4201 and shall be subject to all enforcement actions available for a violation of § 3.2-4201.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":243748,"text":"A nonparticipating manufacturer required to make quarterly payments pursuant to this section who, to the satisfaction of the Attorney General, has complied with the provisions of Article 1 (§ 3.2-4200 et seq.) of this chapter and the provisions of this article for a period of at least three calendar years may, upon request and upon the concurrence of the Attorney General, be permitted to make annual payments pursuant to Article 1 (§ 3.2-4200 et seq.) of this chapter and be relieved of further obligation to make quarterly payments.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14890,"edition_id":1,"name":"Enforcement of Requirements for Tobacco Product Manufacturers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13950,"metadata":{},"date_created":"2026-06-26 03:50:36","date_modified":"2026-06-26 03:50:36","permalink":{"id":196277,"object_type":"structure","relational_id":14890,"identifier":"3","token":"3.2\/III\/42\/3","url":"\/3.2\/III\/42\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13950,"edition_id":1,"name":"Implementation of Tobacco Master Settlement Agreement","identifier":"42","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":196255,"object_type":"structure","relational_id":13950,"identifier":"42","token":"3.2\/III\/42","url":"\/3.2\/III\/42\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80628,"structure_id":14890,"section_number":"3.2-4204","catch_line":"Definitions","url":"\/3.2-4204\/","token":"3.2\/III\/42\/3\/3.2-4204","metadata":false},{"id":56853,"structure_id":14890,"section_number":"3.2-4205","catch_line":"Certifications","url":"\/3.2-4205\/","token":"3.2\/III\/42\/3\/3.2-4205","metadata":false},{"id":76149,"structure_id":14890,"section_number":"3.2-4206","catch_line":"Directory of cigarettes approved for stamping and sale","url":"\/3.2-4206\/","token":"3.2\/III\/42\/3\/3.2-4206","metadata":false},{"id":70883,"structure_id":14890,"section_number":"3.2-4206.01","catch_line":"List of persons ineligible to be authorized holders","url":"\/3.2-4206.01\/","token":"3.2\/III\/42\/3\/3.2-4206.01","metadata":false},{"id":84065,"structure_id":14890,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","url":"\/3.2-4206.1\/","token":"3.2\/III\/42\/3\/3.2-4206.1","metadata":false},{"id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","metadata":false},{"id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","metadata":false},{"id":80741,"structure_id":14890,"section_number":"3.2-4208.1","catch_line":"Joint and several liability","url":"\/3.2-4208.1\/","token":"3.2\/III\/42\/3\/3.2-4208.1","metadata":false},{"id":81710,"structure_id":14890,"section_number":"3.2-4209","catch_line":"Reporting of information","url":"\/3.2-4209\/","token":"3.2\/III\/42\/3\/3.2-4209","metadata":false},{"id":63368,"structure_id":14890,"section_number":"3.2-4209.1","catch_line":"Additional information required","url":"\/3.2-4209.1\/","token":"3.2\/III\/42\/3\/3.2-4209.1","metadata":false},{"id":78269,"structure_id":14890,"section_number":"3.2-4210","catch_line":"Escrow fund information","url":"\/3.2-4210\/","token":"3.2\/III\/42\/3\/3.2-4210","metadata":false},{"id":67252,"structure_id":14890,"section_number":"3.2-4211","catch_line":"Quarterly escrow payments by certain nonparticipating manufacturers","url":"\/3.2-4211\/","token":"3.2\/III\/42\/3\/3.2-4211","metadata":false},{"id":83441,"structure_id":14890,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","url":"\/3.2-4212\/","token":"3.2\/III\/42\/3\/3.2-4212","metadata":false},{"id":73866,"structure_id":14890,"section_number":"3.2-4213","catch_line":"Notice and review of determination","url":"\/3.2-4213\/","token":"3.2\/III\/42\/3\/3.2-4213","metadata":false},{"id":86002,"structure_id":14890,"section_number":"3.2-4214","catch_line":"Promulgation of regulations","url":"\/3.2-4214\/","token":"3.2\/III\/42\/3\/3.2-4214","metadata":false},{"id":63930,"structure_id":14890,"section_number":"3.2-4215","catch_line":"Submission to jurisdiction of the Commonwealth; pleadings in English sufficient","url":"\/3.2-4215\/","token":"3.2\/III\/42\/3\/3.2-4215","metadata":false},{"id":78748,"structure_id":14890,"section_number":"3.2-4215.1","catch_line":"Authority of Attorney General; audit and investigation","url":"\/3.2-4215.1\/","token":"3.2\/III\/42\/3\/3.2-4215.1","metadata":false},{"id":81168,"structure_id":14890,"section_number":"3.2-4216","catch_line":"Recovery of costs and fees by Attorney General","url":"\/3.2-4216\/","token":"3.2\/III\/42\/3\/3.2-4216","metadata":false},{"id":68406,"structure_id":14890,"section_number":"3.2-4217","catch_line":"Disgorgement of profits for violations","url":"\/3.2-4217\/","token":"3.2\/III\/42\/3\/3.2-4217","metadata":false},{"id":82259,"structure_id":14890,"section_number":"3.2-4217.1","catch_line":"Presumption","url":"\/3.2-4217.1\/","token":"3.2\/III\/42\/3\/3.2-4217.1","metadata":false},{"id":61847,"structure_id":14890,"section_number":"3.2-4218","catch_line":"Conflicts","url":"\/3.2-4218\/","token":"3.2\/III\/42\/3\/3.2-4218","metadata":false},{"id":72681,"structure_id":14890,"section_number":"3.2-4219","catch_line":"Materially false statements","url":"\/3.2-4219\/","token":"3.2\/III\/42\/3\/3.2-4219","metadata":false}],"previous_section":{"id":78269,"structure_id":14890,"section_number":"3.2-4210","catch_line":"Escrow fund information","url":"\/3.2-4210\/","token":"3.2\/III\/42\/3\/3.2-4210","metadata":false},"next_section":{"id":83441,"structure_id":14890,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","url":"\/3.2-4212\/","token":"3.2\/III\/42\/3\/3.2-4212","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4211\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 674<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapter 860<\/a>; in 2011, chapter 297<\/a>.<\/p>","references":false,"refers_to":[{"id":80296,"section_number":"3.2-4200","catch_line":"Definitions","order_by":null,"url":"\/3.2-4200\/"},{"id":55010,"section_number":"3.2-4201","catch_line":"Requirements on tobacco product manufacturers; escrow of funds; civil penalties for violations","order_by":null,"url":"\/3.2-4201\/"},{"id":56853,"section_number":"3.2-4205","catch_line":"Certifications","order_by":null,"url":"\/3.2-4205\/"},{"id":84065,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","order_by":null,"url":"\/3.2-4206.1\/"}],"permalink":{"id":196323,"object_type":"law","relational_id":67252,"identifier":"3.2-4211","token":"3.2\/III\/42\/3\/3.2-4211","url":"\/3.2-4211\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4211\/","token":"3.2\/III\/42\/3\/3.2-4211","dublin_core":{"Title":"Quarterly escrow payments by certain nonparticipating manufacturers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4211","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 3.2-4201<\/a>, on and after January 1, 2007, the Attorney General<\/span> may require a nonparticipating manufacturer<\/span> that is a new market entrant<\/span> or that has been designated by the Attorney General<\/span> as an elevated risk pursuant to subsection C of § 3.2-4206.1<\/a> to make the escrow payments required by § 3.2-4201<\/a> on a quarterly, rather than annual basis. For the purposes of this section, a “new market entrant<\/span>” shall mean a tobacco product manufacturer that first seeks certification pursuant to § 3.2-4205<\/a> on or after January 1, 2007. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A nonparticipating manufacturer<\/span> required to make quarterly payments pursuant to this section shall place into a qualified escrow account the amounts required pursuant to subdivision A 2 of § 3.2-4201<\/a> by the fifteenth of the second month following the end of each calendar quarter, except the payment for the last quarter of a calendar year shall be made by April 15 of the year following the year in question. Any adjustments for inflation to the amounts placed into a qualified escrow pursuant to this section shall be reflected in the payments for the last quarter of a calendar year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A nonparticipating manufacturer<\/span> required to make payments pursuant to this section shall also provide the certification required by subsection C of § 3.2-4201<\/a> on a quarterly basis. Any such nonparticipating manufacturer<\/span> that fails in any quarter to place into escrow the funds required under this section shall be subject to the penalty<\/span> provisions of § 3.2-4201<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Attorney General<\/span> is authorized to create any forms and require any nonparticipating manufacturer<\/span> required to make quarterly payments pursuant to this section to submit any additional information as is necessary to enable the Attorney General<\/span> to determine whether the nonparticipating manufacturer<\/span> is in compliance with the provisions of this section. At the time the nonparticipating manufacturer<\/span> is first certified by the Attorney General<\/span> pursuant to § 3.2-4205<\/a> or at any time that the nonparticipating manufacturer<\/span> is designated by the Attorney General<\/span> as an elevated risk pursuant to subsection C of § 3.2-4206.1<\/a>, the Attorney General<\/span> will notify the nonparticipating manufacturer<\/span> as to whether it will be required to make quarterly payments pursuant to this section. The Attorney General<\/span> may seek an injunction<\/span> to compel compliance with the reporting requirements. In any action brought pursuant to this subsection in which the Commonwealth prevails, the Commonwealth shall be entitled to recover the reasonable costs of investigation, costs of the action, and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A nonparticipating manufacturer<\/span> required to make quarterly payments pursuant to this section who fails to properly do so shall be deemed to have failed to make required payments pursuant to § 3.2-4201<\/a> and shall be subject to all enforcement actions available for a violation of § 3.2-4201<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A nonparticipating manufacturer<\/span> required to make quarterly payments pursuant to this section who, to the satisfaction of the Attorney General<\/span>, has complied with the provisions of Article 1 (§ 3.2-4200<\/a> et seq.) of this chapter and the provisions of this article for a period of at least three calendar years may, upon request and upon the concurrence of the Attorney General<\/span>, be permitted to make annual payments pursuant to Article 1 (§ 3.2-4200<\/a> et seq.) of this chapter and be relieved of further obligation to make quarterly payments. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nQUARTERLY ESCROW PAYMENTS BY CERTAIN NONPARTICIPATING MANUFACTURERS (\u00a7\n3.2-4211)\n\nA. Notwithstanding the provisions of § 3.2-4201, on and after January 1,\n2007, the Attorney General may require a nonparticipating manufacturer that is a\nnew market entrant or that has been designated by the Attorney General as an\nelevated risk pursuant to subsection C of § 3.2-4206.1 to make the escrow\npayments required by § 3.2-4201 on a quarterly, rather than annual basis.\nFor the purposes of this section, a “new market entrant” shall mean\na tobacco product manufacturer that first seeks certification pursuant to §\n3.2-4205 on or after January 1, 2007.\n\nB. A nonparticipating manufacturer required to make quarterly payments pursuant\nto this section shall place into a qualified escrow account the amounts required\npursuant to subdivision A 2 of § 3.2-4201 by the fifteenth of the second\nmonth following the end of each calendar quarter, except the payment for the\nlast quarter of a calendar year shall be made by April 15 of the year following\nthe year in question. Any adjustments for inflation to the amounts placed into a\nqualified escrow pursuant to this section shall be reflected in the payments for\nthe last quarter of a calendar year.\n\nC. A nonparticipating manufacturer required to make payments pursuant to this\nsection shall also provide the certification required by subsection C of §\n3.2-4201 on a quarterly basis. Any such nonparticipating manufacturer that fails\nin any quarter to place into escrow the funds required under this section shall\nbe subject to the penalty provisions of § 3.2-4201.\n\nD. The Attorney General is authorized to create any forms and require any\nnonparticipating manufacturer required to make quarterly payments pursuant to\nthis section to submit any additional information as is necessary to enable the\nAttorney General to determine whether the nonparticipating manufacturer is in\ncompliance with the provisions of this section. At the time the nonparticipating\nmanufacturer is first certified by the Attorney General pursuant to §\n3.2-4205 or at any time that the nonparticipating manufacturer is designated by\nthe Attorney General as an elevated risk pursuant to subsection C of §\n3.2-4206.1, the Attorney General will notify the nonparticipating manufacturer\nas to whether it will be required to make quarterly payments pursuant to this\nsection. The Attorney General may seek an injunction to compel compliance with\nthe reporting requirements. In any action brought pursuant to this subsection in\nwhich the Commonwealth prevails, the Commonwealth shall be entitled to recover\nthe reasonable costs of investigation, costs of the action, and reasonable\nattorney fees.\n\nE. A nonparticipating manufacturer required to make quarterly payments pursuant\nto this section who fails to properly do so shall be deemed to have failed to\nmake required payments pursuant to § 3.2-4201 and shall be subject to all\nenforcement actions available for a violation of § 3.2-4201.\n\nF. A nonparticipating manufacturer required to make quarterly payments pursuant\nto this section who, to the satisfaction of the Attorney General, has complied\nwith the provisions of Article 1 (§ 3.2-4200 et seq.) of this chapter and\nthe provisions of this article for a period of at least three calendar years\nmay, upon request and upon the concurrence of the Attorney General, be permitted\nto make annual payments pursuant to Article 1 (§ 3.2-4200 et seq.) of this\nchapter and be relieved of further obligation to make quarterly payments.\n\nHISTORY: 2006, c. 674, \u00a7 3.1-336.9:1; 2008, c. 860; 2011, c. 297.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}