Oregon Statutes 180.415 – Nonparticipating manufacturer certification; rules
In the certification required by ORS § 180.410 (1), a nonparticipating manufacturer shall further certify:
Terms Used In Oregon Statutes 180.415
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Service of process: The service of writs or summonses to the appropriate party.
(1) That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment as required by ORS § 180.430.
(2) That the nonparticipating manufacturer:
(a) Has established and continues to maintain a qualified escrow fund; and
(b) Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund. The Attorney General shall adopt rules defining the form and content of a model escrow agreement. A nonparticipating manufacturer that executes the model escrow agreement is deemed to have satisfied the requirement that it use a form of escrow agreement that has been reviewed and approved by the Attorney General.
(3)(a) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by ORS § 323.806;
(b) The account number of the qualified escrow fund and any subaccount number for the State of Oregon;
(c) The amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in Oregon during the preceding calendar year, the amount and date of each deposit and evidence or verification as may be deemed necessary by the Attorney General to confirm the amounts and dates; and
(d) The amount and date of any withdrawal of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments pursuant to ORS § 323.806.
(4) That the nonparticipating manufacturer has posted a bond in accordance with ORS § 180.416.
(5) That all shipments or sales made within or into this state by the nonparticipating manufacturer or its importer are made to a distributor of cigarettes licensed under ORS § 323.105 or a distributor of tobacco products licensed under ORS § 323.530. [2003 c.801 § 4; 2017 c.687 § 6]
The amendments to 180.415 by section 9, chapter 401, Oregon Laws 2023, apply to certifications submitted on or after January 1, 2025. See section 16, chapter 401, Oregon Laws 2023. The text that applies to certifications submitted on or after January 1, 2025, is set forth for the user’s convenience.
In the certification required by ORS § 180.410 (1), a nonparticipating manufacturer shall further certify:
(1) That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment as required by ORS § 180.430.
(2) That the nonparticipating manufacturer:
(a) Has made all required equity assessment payments; or
(b)(A) Has established and continues to maintain a qualified escrow fund; and
(B) Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund. The Attorney General shall adopt rules defining the form and content of a model escrow agreement. A nonparticipating manufacturer that executes the model escrow agreement is deemed to have satisfied the requirement that it use a form of escrow agreement that has been reviewed and approved by the Attorney General.
(3)(a) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by ORS § 323.806;
(b) The account number of the qualified escrow fund and any subaccount number for the State of Oregon;
(c) The amount the nonparticipating manufacturer has placed in the qualified escrow fund or has paid as equity assessments for cigarettes sold in Oregon during the preceding calendar year, the amount and date of each deposit or payment and evidence or verification as may be deemed necessary by the Attorney General to confirm the amounts and dates; and
(d) The amount and date of any withdrawal of funds the nonparticipating manufacturer made at any time from any qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments pursuant to ORS § 323.804 or 323.806.
(4) That the nonparticipating manufacturer has posted a bond in accordance with ORS § 180.416.
(5) That all shipments or sales made within or into this state by the nonparticipating manufacturer or its importer are made to a distributor of cigarettes licensed under ORS § 323.105 or a distributor of tobacco products licensed under ORS § 323.530.
See note under 180.400.