1. (a) Each cigarette or tobacco products distributor or wholesaler and each cigarette vending machine operator as required in Business and Professions Code section 22954 shall, within 45 days after the end of the calendar year, annually file a report listing the retail sites, including dealers as defined in Revenue and Taxation Code section 30012, to which it provided tobacco products during the calendar year just ended. This report of retail sites shall be filed with the Department of Health Services, Tobacco Control Section, 601 North 7th Street, M.S. 555, P.O. Box 942732, Sacramento, CA 94234-7320. The first report shall be submitted for the calendar year beginning January 1, 1995. The annual report shall contain the following:

   1. (1) The name of the cigarette or tobacco products distributor or wholesaler or cigarette vending machine operator company.
   2. (2) The address and telephone number of the company's principal executive office.
   3. (3) The name, title, and address of the representative of the company to whom correspondence regarding this report should be addressed.
   4. (4) The name, title and signature of the official authorized to sign the report on behalf of the company.

   5. (5) A certification made pursuant to Code of Civil Procedure Section 2015.5 by the authorized person whose signature appears on the report as follows:

      “I certify under penalty of perjury under the laws of the State of California that the information contained in the report is true and correct:

      ”

      (Date)

      (Signature)

   6. (6) A list of each retail site's name and the physical location of the retail site to which the company supplied tobacco products or vending machines for the preceding calendar year. The list shall include, on separate lines, the full name, street address, city and zip code of each retail site. For those companies with computer capability, the list of the retail sites is also required to be submitted on a computer diskette as a flat ASCII file, or other format to be specified by the Department of Health Services, on one or more 3 ½ inch or 5 ¼ inch floppy diskette(s). For those companies without computer capability, submission of the list on a computer diskette is not required. For the second and subsequent year that the company files this report, the company is required to either submit the information required by this subsection or report only changes to the first report. Where a company opts in the second or subsequent year to report only changes to the first or previous report, such second or subsequent report shall include and clearly identify name or address changes of the retail sites, additional retail sites to which it supplies tobacco products or vending machines and retail sites to which it no longer supplies tobacco products or a vending machine.

Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 22954, Business and Professions Code; Section 30012, Revenue and Taxation Code; and Section 2015.5, Code of Civil Procedure.

History

1. New section filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 4-17-96 as an emergency, including amendment of Note; operative 4-17-96 (Register 96, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-19-96 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 8-12-96 as an emergency; operative 8-12-96 (Register 96, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-96 or emergency language will be repealed by operation of law on the following day.

4. Editorial correction of History 2 and History 3 (Register 96, No. 50).

5. New section refiled 12-10-96 as an emergency; operative 12-10-96 (Register 96, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-97 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 12-10-96 order transmitted to OAL 1-8-97 and filed 2-3-97 (Register 97, No. 6).