CODE OF VIRGINIA

MONTHLY REPORTS OF TOBACCO PRODUCT MANUFACTURERS (§ 58.1-1008.1)

Every manufacturer producing cigarettes in or shipping cigarettes into or within
the Commonwealth shall file a report with the Department between the first and
tenth day of each month identifying all purchasers of cigarettes by name and
address with the quantities and brands of cigarettes purchased during the
preceding month, and shall provide any other information the Department deems
appropriate for the administration of this title or Article 1 (§ 3.2-4200 et
seq.) of Chapter 42 of Title 3.2. The Department may allow such reports to be
filed electronically. The Department shall have the power to enter upon the
premises of any such manufacturer during its regular business hours to examine
or cause to be examined, by any agent or representative designated by the
Department for that purpose, any books, papers, records, invoices, or memoranda,
etc., relating to (i) the information required in such report, or (ii) the
manufacturer’s compliance with this section.Any manufacturer subject to
the provisions of this section who fails or refuses to file the report required
by this section, or who upon request by a duly authorized agent or
representative of the Department fails or refuses to allow an audit or
inspection of records as provided herein, is guilty of a Class 2 misdemeanor. In
addition, the Department may impose a civil penalty not to exceed $ 5,000
against any manufacturer subject to the provisions of this section for such
failure or refusal. Each failure or refusal shall constitute a separate
violation.For the purposes of this section:”Manufacturer” means
tobacco product manufacturer, as that term is defined in §
3.2-4200.”Purchasers” means any person or persons purchasing or
receiving cigarettes for resale, including wholesalers and retailers, or any
other person or persons purchasing cigarettes directly from a manufacturer
within the Commonwealth.

HISTORY: 2002, cc. 683, 722; 2013, c. 381.