                                 CODE OF VIRGINIA

DIRECTORY OF CIGARETTES APPROVED FOR STAMPING AND SALE (§ 3.2-4206)

A. Not later than October 1, 2003, the Attorney General shall develop and
publish on its website a directory listing all tobacco product manufacturers
that have provided current and accurate certifications conforming to the
requirements of § 3.2-4205 and all brand families that are listed in such
certifications (the Directory), except as noted below.

   1. The Attorney General shall not include or retain in such Directory the name
   or brand families of (i) any participating manufacturer that fails to provide
   the required certification or to make a payment calculated by the independent
   auditor to be due from it under the Master Settlement Agreement except to the
   extent that it is disputing such payment, or (ii) any nonparticipating
   manufacturer that fails to provide the required certification or whose
   certification the Attorney General determines is not in compliance with
   subsections A through D of &#xA7; 3.2-4205, unless the Attorney General has
   determined that such violation has been cured to his satisfaction.

   2. Neither a tobacco product manufacturer nor brand family shall be included
   or retained in the Directory if the Attorney General concludes that (i) in the
   case of a nonparticipating manufacturer all escrow payments required pursuant
   to Article 1 (&#xA7; 3.2-4200 et seq.) of this chapter for any period for any
   brand family, whether or not listed by such nonparticipating manufacturer,
   have not been fully paid into a qualified escrow fund governed by a qualified
   escrow agreement that has been approved by the Attorney General, (ii) any
   outstanding final judgments, including interest thereon, for violations of
   Article 1 of this chapter have not been fully satisfied for such brand family
   and such manufacturer, (iii) in the case of a nonparticipating manufacturer or
   a tobacco product manufacturer that became a participating manufacturer after
   the Master Settlement Agreement execution date, as defined by section II (aa)
   of the Master Settlement Agreement, by reason of the business plan, business
   history, trade connections, or compliance and payment history under the Master
   Settlement Agreement or in Virginia or any other state, or the business
   history, trade connections or compliance and payment history under the Master
   Settlement Agreement or in Virginia or any other state of any of the
   principals thereof, the nonparticipating manufacturer or such tobacco product
   manufacturer fails to provide reasonable assurance that it will comply with
   the requirements of this article or of Article 1 (&#xA7; 3.2-4200 et seq.) of
   this chapter, or (iv) the manufacturer has knowingly failed to disclose any
   material information required or knowingly made any material false statement
   in the certification of any supporting information or documentation provided.
   				As used in this subdivision, reasonable assurances may include information
   and documentation establishing to the satisfaction of the Attorney General
   that a failure to pay in Virginia or elsewhere was the result of a good faith
   dispute over the payment obligation.

B. The Attorney General shall update the Directory as necessary in order to
correct mistakes and to add or remove a tobacco product manufacturer or brand
families to keep the Directory in conformity with the requirements of this
article.

C. Notwithstanding the provisions of subsection A, in the case of any
nonparticipating manufacturer who has established a qualified escrow account
pursuant to Article 1 (&#xA7; 3.2-4200 et seq.) of this chapter that has been
approved by the Attorney General, or in the case of any participating
manufacturer, the Attorney General may not remove such manufacturer or its brand
families from the Directory unless the manufacturer has been given at least 30
days&#8217; notice of such intended action. For purposes of this section, notice
shall be deemed sufficient if it is sent either electronically or by first-class
mail to an electronic mail address or postal mailing address, as the case may
be, provided by the manufacturer in its most recent certification filed pursuant
to &#xA7; 3.2-4205. The notified nonparticipating manufacturer shall have 30
days from receipt of the notice to either come into compliance with the
applicable requirements or, in the alternative, secure a temporary injunction
against removal from the Directory. For purposes of a temporary injunction
sought pursuant to this subsection, loss of the ability to sell tobacco products
as a result of removal from the Directory may be deemed to constitute
irreparable harm.

D. Every stamping agent shall provide and update as necessary an electronic mail
address to the Attorney General for the purpose of receiving any notifications
as may be required by this article.

HISTORY: 2003, c. 798, § 3.1-336.5; 2008, cc. 758, 860.