Tobacco Product Manufacturers and Distributors

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 certification 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:



Nonparticipating Manufacturers


In addition to the Certification and Statement of Registered Agent (above), Nonparticipating Manufacturers are required to complete and submit the following:


  1. Statement of Registered Agent SFN62014
  2. Consent to Suit SFN62017 
  3. Importer Acceptance of Joint and Several Liability SFN62016  (if applicable)
  4. Certificate of Compliance
    1. 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.
    2. Quarterly Certificate of Compliance SFN62015 – filed with the Office of Attorney General within 30 days after the end of each calendar quarter.
  1. Exempt Transaction Worksheet (SFN 62298) (for Retail Sale of NPM Cigarettes on Tribal Reservation).  Filed with the Office of Attorney General to make a claim under N.D.C.C. § 51-25.1-06 that a retail transaction involving the sale of NPM cigarettes on a tribal reservation within North Dakota was exempt from state excise tax under federal law, such that an escrow deposit for the sale is not required.

Note: the Attorney General may request additional information from the NPM pertaining to a sale, if necessary.


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.



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 and License to Sell Tobacco Products


Find information about Cigarette Fire Safety Certification and Applying for a License to Sell Tobacco Products.


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