Tobacco Product Manufacturer Certification
Effective August 1, 2021, N.D.C.C. ch. 51-25.1 requires Tobacco Product Manufacturers (TPMs) seeking to sell cigarettes and/or roll-your-own tobacco (RYO) in North Dakota - both “Participating Manufacturers” (signed the Master Settlement Agreement) and “Nonparticipating Manufacturers” (did not sign the Master Settlement Agreement) – to be certified and approved by the Office of Attorney General.
All Tobacco Product Manufacturers
For cigarettes and/or RYO tobacco to be legal for sale in North Dakota effective December 1, 2021, after initial certfication a TPM must submit an Annual Certification (renewal) by April 30th of each year. Supplemental Certification for change in brands, registered agent, or other information must be submitted thirty (30) days before the change is to become effective.
Any Tobacco Product Manufacturer that intends to sell cigarettes and/or RYO in North Dakota, whether directly or through any distributor, retailer, or similar intermediary must complete and submit:
- Tobacco Product Manufacturer Certification SFN62013
- All required documents must be submitted with the Certification. Failure to include all documents may result in rejection or delays in processing the certification.
- For additional information, please review the Instructions for Certification.
- All required documents must be submitted with the Certification. Failure to include all documents may result in rejection or delays in processing the certification.
Nonparticipating Manufacturers
In addition to the Certification and Statement of Registered Agent (above), Nonparticipating Manufacturers are required to complete and submit the following:
- Statement of Registered Agent SFN62014
- Consent to Suit SFN62017
- Importer Acceptance of Joint and Several Liability SFN62016 (if applicable)
- Certificate of Compliance
- Annual Certificate of Compliance (SFN23506) - filed with the State Tax Commissioner's Office by April 30th each year. Provide the Office of Attorney General with a copy.
- Quarterly Certificate of Compliance SFN62015 - filed with the Office of Attorney General within 30 days after the end of each calendar quarter.
Quarterly Reporting - Distributors
Each distributor is required to submit a quarterly report indicating by brand the total number of cigarettes or RYO for which the distributor paid excise tax. Each distributor must submit a report even if the total number of cigarettes or RYO is zero.
- Distributor Quarterly Tobacco Shipment Report
- The report is due 20 days after the end of each calendar quarter, unless otherwise directed.
- For convenience, the Attachment to Part 4:Taxed Cigarettes and RYO Sales (excel chart) may be attached to the the Part 4 Quarterly Report.
Each distributor also is required to maintain with the Office of Attorney General a current electronic email address and facsimile number.
Directory of Certified TPMS
Cigarette Fire Safety certification
Find information about Cigarette Fire Safety Certification.
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