TPM Certification

(1) The following requirements apply to all TPM Certifications: (a) The TPM shall utilize the TPM Certification form prescribed and made available by the Attorney General for purposes of M.G.L. c. 94F, § 2. (b) The TPM Certification must be complete, accurate, and otherwise in compliance with M.G.L. c. 94F, § 2. The Attorney General in his discretion may require the submission of additional information and documents, including Cigarette packaging, in order to verify compliance with M.G.L. c. 94E and M.G. L. c. 94F, and the regulations at 830 CMR 94E.OO and 940 CMR 24.00. ( c) The TPM Certification and all other requested forms shall be completed in English. For any attachments not originally in English, a true and correct translation into English shall be attached to the original, with a certificate by the translator and by the TPM as to the accuracy of the u·anslation. (d) The TPM Certification shall be signed by an authorized officer of the TPM. All statements made in the TPM Certification are made under the penalty of perjury. ( e) The TPM shall maintain all invoices and documentation of sales and other information relied upon in preparing its TPM Certification for a period of five years from the date of the TPM Certification filing, unless otherwise required by law to maintain them for a longer period. (f) The TPM shall list all of its Brand Families, regardless of whether there have been any sales of those-brands in Massacffilse>HS-.~-------- (g) The TPM shall provide an electronic mail (e-mail) address for electronic notifications. 940 CMR- 174 (h) The TPM shall consent to the jurisdiction of the Superior Court of Massachusetts, and shall waive any objection to such jurisdiction for purposes of enforcement actions that may be brought by the Attorney General under M.G.L. c. 94E or M.G.L. c. 94F with respect to the TPM Certification or any Cigarettes sold in Massachusetts. Such consent and waiver must be effective and binding, and made in a form and manner acceptable to the Attorney General. (i) The TPM shall waive any sovereign immunity defense that may apply to enforcement actions that may be brought by the Attorney General under M.G.L. c. 94E or M.G.L. c. 94F with respect to the TPM Certification or any Cigarettes sold in Massachusetts. Such waiver must be effective and binding, and made in a form and manner acceptable to the Attorney · General. (2) A TPM shall file a Supplemental TPM Certification immediately upon receipt of information that would make its previously filed TPM Certification incomplete or incorrect. In the event of a proposed change regarding the Brand Families of a TPM, the TPM shall submit a Supplemental TPM Certification no later than 30. days prior to the proposed change. (a) A Supplemental TPM Certification shall indicate that it is supplemental to a previously filed TPM Certification. The TPM shall include only new or changed information in the Supplemental TPM Certification, and shall sign and date the Supplemental TPM Certification. (b) Except where otherwise indicated in this subsection, the Supplemental TPM Certification shall satisfy all of the requirements applicable to TPM Certifications. (3) The following additional requirements apply to TPM Certifications filed by NPMs: (a) The NPM shall list only those Brand Families that it directly and physically manufactures. The NPM shall affirm that all Cigarettes in its listed Brand Families are deemed to be its Cigarettes for purposes of M.G.L. c. 94E. (b) For each Brand Family, the NPM shall identify any other TPM that has manufactured any Cigarettes within the Brand Family, and shall provide such additional information as the Attorney General may request. For purposes of this requirement, "identify" means to provide the full name, address, and telephone number of the other TPM, and the name and telephone number of a contact person for the other TPM. ( c) The NPM shall state for each Brand Family the number of Units Sold in Massachusetts in the preceding calendar year. (d) The NPM shall provide complete and accurate information regarding its Qualified Escrow Fund. (e) The NPM shall register to do business in Massachusetts or appoint an agent for service of process pursuant to M.G.L. c. 94F, § 3, and provide notice of such registration or appointment. If the NPM appoints an agent for service of process, it shall execute the form prescribed by the Attorney General for this purpose. (f) If an NPM not registered to do business in Massachusetts intends to terminate an agent for service of process, it shall notify the Attorney General by filing a Supplemental TPM . Certification to that effect not less than 30 days prior to the termination. In addition, the NPM shall provide proof of the appointment of a new agent by filing a Supplemental TPM Certification and a new agent appointment form not less than five days before the termination. (g) The NPM shall provide information regarding its Stampers (or other intermediaries for "roll-your-own" tobacco) and previous compliance history as requested.