Attorney General

Tobacco Settlement Unit - Administration of the Complementary Act

Chapter 1: Purpose and Definitions

Effective Date: 12/19/2018 to Current

Rule Type: Current Rules & Regulations

Reference Number: 015.0016.1.12192018

Chapter 1

Purpose and Definitions

Section 1. Authority. These rules are promulgated by the Office of the Attorney General under the authority vested by Wyo. Stat. §§ 9-4-1205 through -1210 and the Wyoming Administrative Procedures Act at Wyo. Stat. §§ 16-3-101 through -115.

Section 2. Purpose. These rules are adopted to define the procedures and practices for administering the tobacco certification process, to clarify the requirements related to making and reporting escrow deposits, to clarify the requirements for tobacco product manufacturers and brand families to be listed or removed from the directory, and to provide the procedures for reporting tobacco product sales information by licensed wholesalers.

Section 3. Interpretive Notices. The agency may issue manuals, bulletins, notices, or letters to interpret the provisions of these rules. Such manuals, bulletins, notices, and letters shall be consistent with and reflect the policies contained in these rules. The provisions contained in the manuals, bulletins, notices, or letters shall be subordinate to Wyo. Stat. §§ 9-4-1205 through -1210 and these rules.

Section 4. Definitions.

As used in these rules:

1. (a) “Agency” shall mean the Office of the Attorney General for the State of Wyoming acting through the Tobacco Settlement Unit.
2. (b) “Brand” shall mean a style or type of tobacco product in a brand family.
3. (c) “Certification” shall mean the certification form required to be submitted to the Agency under Wyo. Stat. § 9-4-1205(a).
4. (d) “Directory” shall mean the Agency’s official list of tobacco product manufacturers and brand families that have been approved by the agency to offer tobacco products for sale in Wyoming under Wyo. Stat. § 9-4-1205.

(e) 'Initiate Sales' shall mean that cigarettes of a tobacco product manufacturer have been sold at the retail level within Wyoming in the 240 day time period immediately following the listing of the tobacco product manufacturer in the Directory.

(f) 'Rules' shall mean the Tobacco Certification and Directory Rules.

(g) 'Sustain Sales' shall mean that cigarettes of a tobacco product manufacturer were sold at the retail level within Wyoming during every calendar year following the calendar year in which the tobacco product manufacturer was first listed on the Directory.

(h) 'Wholesaler' shall mean any person or entity that:

(i) is legally required to pay the tobacco tax imposed on wholesalers selling cigarettes to retailers or consumers, under Wyoming Statute 39-18-103(a)(i);

(ii) is legally required to pay the tobacco tax imposed on wholesalers selling roll-your-own tobacco to retailers or consumers under Wyoming Statute 39-18-103(a)(iii);

(iii) imports into the State or distributes within the State cigarettes or roll-your-tobacco to retailers (including machines) for sale;

(iv) sells or distributes for sale or resale cigarettes or roll-your-own tobacco over the internet or through any other means of direct or indirect mail solicitation or delivery to any person in the State.

(v) 'Wholesaler' shall not mean any manufacturer, importer into the United States, retailer, or wholesaler of tobacco products other than cigarettes or roll-your-own-tobacco, which does not engage in any of the trade practices identified in sub sections (h)(i) through (h)(iv) of this Section.