Iowa Participating Manufacturer Certification Form & Instructions

Participating Manufacturer Certification Form & Instructions
Non-Participating Manufacturing Certification Form
STATE OF IOWA

2022 NON-PARTICIPATING MANUFACTURER CERTIFICATION FORM
NOTE: The Attorney General’s Office will not process incomplete or illegible certifications.

Part 1: Manufacturer’s Identification
A: Complete Company Information Below:

Name: ______________________________________________ Phone: ___________________________
Address:_____________________________________________ Fax: _____________________________
____________________________________________________ E-mail: ___________________________
____________________________________________________ Web site: _________________________
*Is this Non-Participating Manufacturer a tribal or tribally owned entity? Y/N
PRINT Name and Title of Person Completing Report: __________________________________________
Address(es) of Manufacturing Plant(s)for each brand (attach additional sheet if necessary):
______________________________________________________________________________________
Print Name and Title of each Corporate Officer (attach additional sheet if necessary):
______________________________________________________________________________________
Name of Factory Manager(s): ______________________________________________________________
Phone Number of Factory Manager(s): _____________Fax Number of Factory Manager(s): _____________
If located in the U.S.: Applicant Manufacturer’s Federal Taxpayer ID number: _________________________
TTB Tobacco Manufacturer Permit Number: ___________________ Expiration Date: ____________
TTB Tobacco Importer Permit Number: _______________________ Expiration Date: ____________
Please supply a copy of permits.
If applicant located outside the U.S.:
Submit copies of any documents you filed with your national, state, tribal or provincial government, for
example: articles of incorporation, registration to do business in your country as a manufacturer of tobacco
products, to export tobacco products, any permits or licenses.
Name of Importer:__________________________________________________________________
Location of manufacturing plant (mailing address & physical address) : ________________________
________________________________________________________________________________
TTB Tobacco Importer Permit Number: _________________________________________________
[include copy of permit] Expiration Date: ________________________________________________
Importer’s business office address: ___________________________________________________
U.S. state where importing company is domiciled: ________________________________________
Include a copy of the importer’s latest secretary of state annual report from the state of domicile.
B: This form is (check below):

___ Initial Certification-Manufacturer is not currently listed on the Iowa NPM Tobacco Directory.
___ Annual Certification-Due April 30, 2022, for May 1, 2022, through April 30, 2023.
___ Supplemental Certification - Change of information to an Initial or Annual Certification.
Change of information must be submitted 30 days prior to change.

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Part 2: Sales Year

The Sales Year for this Certification Form. (Complete a separate Certification Form for each sales year.)
Sales Year: _____________

Part 3: Escrow Due for Sales Year Units Sold

Line a: Number of individual cigarettes and roll-your-own@ tobacco units sold by the Manufacturer during the
sales year.
Cigarettes:
Plus: +
Roll-Your- Own: _________________
(total number of ounces sold divided by .09)
Total Units Sold: $ ______________
Line b: The applicable inflation-adjusted rate for 2021 is:
Line c: Multiply lines (a) and (b) to determine the escrow owed for 2021 Iowa sales.
Line d: Deduct amount previously deposited in quarterly payments if applicable.
Line e: Total due for payment on April 15, 2022.

(a)

$0.0394647 (b)
$________________(c)
$____________ (d)
$____________ (e)

Part 4: Financial Institution/Escrow Agent/Escrow Agreement
Name of Institution: __________________________________________________________________
Representative Name & Title: __________________________________________________________
Address:___________________________________________________________________________
State: _________________________________________ Zip: ________________________________
Phone: ________________________________________ Fax: _______________________________
Escrow Account Number: _________________________ Iowa Sub-Account Number: _____________
Attach a copy of the CURRENT Qualified Escrow Agreement, executed by the Manufacturer, including
amendments, to govern the payments into a Qualified Escrow Fund, made by the Manufacturer in accordance
with Iowa Code Section 453C.2(2), on behalf of the State of Iowa.
Has the Qualified Escrow Agreement been approved by the Iowa Attorney General? ________
By Whom: _______________________________ Approval Date: ______________________

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Part 5. Escrow Deposit/Withdrawal History for Iowa
Date

Deposit

Withdrawal*

Balance

*Withdrawals must comply with Iowa Code 453C.2(2)(b).

Part 6: The Financial Institution/Escrow Agent listed in Part 4 & Part 5 of this certification is
required to provide directly to the Tobacco Enforcement Program of the Iowa Attorney General’s
Office the following:
I.
II.

Proof of amount and date of deposit to Iowa’s segregated sub-account for 2021 sales.
Current account ledger of the tobacco product manufacturer’s segregated sub-account for Iowa.

NOTE: These items are part of the Certification and are due by April 30, 2022.
Part 7: Brand Family Identification (attach additional sheets if necessary)

Non Participating Manufacturers must complete sections A through E. Note that pursuant to Iowa Code
'453D.3(1)(d)(2), any brand families the non-participating manufacturer lists under this section are deemed to
be its tobacco product. Under this code section, the Attorney General also retains the discretion to determine
that the tobacco product in a brand family constitutes the tobacco product of another tobacco product
manufacturer.
A. Brand
Family*

_
_

_
_

B. Brand
Name**

C. Identify
Cigarettes
Or RollYour-Own

D. Units
Sold in
calendar
year 2021

E. Other Manufacturer***

*Identify with an asterisk any Brand Family sold in the state during any preceding calendar year that is no
longer being sold in the state as of the date of the Certification;
** NOTE: The Iowa MSA Directory does not require a separate listing for variations relating to width, length,
filtration, amount of chemicals, or mentholating of a particular brand name, i.e., lights, 100s, regulars, and
slims, may be included under one brand family name. Iowa DOES REQUIRE a separate listing for variations in
flavor, i.e., alcohols, fruits, candies, etc. If in doubt about a variation, contact the Attorney General’s Office for
guidance.
*** Identify other manufacturers including, but not limited to, any other current or previous fabricators of any
brands or brand families listed on this certification.
Identify by name and address any other Manufacturer/fabricator listed in Box 7A for the listed Brand

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Families In any preceding or current calendar.
Brand/Brand Family

Manufacturer

Address

Year

Has any brand the manufacturer currently is seeking to certify in Iowa been the subject of an FDA Not
Substantially-Equivalent Order (Order) within the past two calendar years? If so, name the brand/s and explain
the resolution, if any, of the issuances of the Order. Attach additional sheets if necessary.
Brand Family

Date of Order

Resolution

All listings must be legible. Any listing that is not legible will not be included in the State of Iowa's Directory of
MSA compliant Brands/Brand Families.
*NOTE: Iowa Code Chapter 101B became effective on January 1, 2009, requiring cigarettes to meet reduced
ignition propensity fire safety standards.
Are all of the cigarette brand families included in this application reduced ignition propensity/FSC
certified in Iowa? Y/N
Please list the brand family products that DO NOT meet reduced ignition propensity/FSC standards in Iowa:
______________________________________________________________________________________
______________________________________________________________________________________
I. Provide a sample of the packaging of each brand family. If the manufacturer has previously supplied such
packaging to the Attorney General and if such packaging has not changed, samples need not be supplied
this year.
Check here if previously supplied packaging samples have not changed.
II. For each of the above brand families (cigarettes only) provide a copy of the Federal Trade Commission (FTC)
approval letter for the current year, for health warning rotation plan. Additional information is available from:
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
General Information Locator: 202-326-2222
Website: http://www.ftc.gov
III. Provide a copy of the CDC ingredient listing compliance letter(s) pertaining to the above brands of
cigarettes for the current year, and a notarized statement from the manufacturer as to which brand’s

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ingredients were submitted for each approval letter.
Centers for Disease Control and Prevention
1600 Clifton Road
Atlanta, GA 30333
Phone: 1-800-311-3435
Website: http://www.cdc.gov/netinfo.htm
IV. Provide a list of United States Trademark registration numbers and International registration numbers for
each brand name of cigarettes or RYO listed in Part 7 Brand Family Identification.

Part 8: Registered Agent
If the Manufacturer is not registered with the Iowa Secretary of State to do business in the State of Iowa as a
foreign corporation or business entity, the Manufacturer must appoint and continually engage, without
interruption, the services of an agent physically present in this state to act as agent for service of process on
whom all process may be served in any manner authorized by law. If the Manufacturer has registered with the
Iowa Secretary of State to do business in Iowa as a foreign corporation or business entity, please indicate
such. Please submit the following regarding the Manufacturer's registered or appointed agent:
Registered Agent / Appointed Agent for service of process:
Registered Agent Company: ______________________ Agent Name (Iowa person/firm): _____________
Iowa Local Address: ____________________________________________________________________
______________________________________________________________________________________
Iowa telephone #:____________________ Fax: ___________________ E-mail: _____________________
Has the Agent for Service of Process been approved by the Attorney General?
By Whom: __________________________ Approval Date: __________
A letter from the registered agent accepting the appointment for the current year must be attached.
Be advised that the Manufacturer must provide notice to the Office of the Attorney General and the Director thirty
(30) calendar days prior to the termination of the authority of the agent named in Part 8 above. In the event of such
termination, the Manufacturer must provide proof of the appointment or registration of a new Agent, together with
the information contained in Part 9 above, no less than five (5) calendar days prior to the termination of the existing
Agent=s appointment or registration. In the event that the Agent described in Part 9 above terminates the agency
appointment or registered agent status, the Manufacturer must notify the Attorney General and the Director of the
termination within five (5) calendar days, and shall include proof of the appointment or registration of a new Agent,
together with the information contained in Part 9 above, to the Office of the Attorney General.

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Part 9: Stamping Agent
List below the names and addresses of distributors selling manufacturer=s product(s) in Iowa to which the nonparticipating manufacturer has sold and intends to sell cigarettes and/or RYO tobacco. Attach additional sheets if
necessary.
Distributor Name

Distributor Address

Phone No.

Brand

*NOTE: The federal Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. ' 375-378 became effective June
30, 2010, requiring every person, including cigarette manufacturers, wholesalers, and distributors who sell,
transfer or ship for profit cigarettes, roll-your-own (RYO) tobacco, and smokeless tobacco in interstate
commerce to: 1) Register with the United States Attorney General, 2) Register with the state tax administrator
in any state into which shipments are made, and 3) File monthly reports with the state tax administrator, no
later than the 10th of each month. The Iowa Department of Revenue (IDR) is the appropriate tax administration
agency in the state of Iowa for PACT Act registration and reporting.
Check here if you have met the registering requirements under PACT Act.
Check here if you have met the reporting requirements in the state of Iowa under PACT Act.

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Part 10: Execution
I certify, under penalty of perjury, that all of the information contained in this six-page Certification Form is true,
accurate, and complete. I further certify that the above named Manufacturer is in full compliance with 453D.3(c) (1)
and (2), Iowa Code Chapters 453C and 453D and all rules adopted pursuant to those chapters. This Certification
Form must be signed and dated by an authorized notary public.
__________________________________________________________________________________________

Name of Authorized Manufacturer Representative and title (please print or type)

__________________________________________________________________________________
Signature of Authorized Manufacturer Representative
Date
Subscribed and sworn to before me on this date: __________________________________________
Signature of Notary Public: ____________________________________________________________
City or County of ____________________________________________
My Commission expires: ______________________________________

Mail this Certification Form to Both:
FOR THE ATTORNEY GENERAL
Donald D. Stanley, Jr.
Assistant Attorney General
Iowa Attorney General’s Office
2nd Floor, Hoover Building
1305 E. Walnut
Des Moines, Iowa 50319

FOR THE DEPARTMENT OF REVENUE
Scott Fisher
Statistical Research Analyst 3
Iowa Department of Revenue
3rd Floor, Hoover Building
1305 E. Walnut
Des Moines, Iowa 50319

Direct any inquiries to Donn Stanley at the address listed above or by telephone:
(515) 281-5191, or e-mail [email protected].

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State of Iowa

NON-PARTICIPATING MANUFACTURER CERTIFICATION
PURSUANT TO Iowa Code Chapter 453D (2021)
GENERAL INFORMATION

Who is required to file this certification?
Any tobacco product manufacturer, who is not a Participating Manufacturer as that term is defined in the
Master Settlement Agreement (MSA), that intends to sell cigarettes within the state of Iowa, whether directly or
through any distributor, retailer, or similar intermediary.
This Certification is in addition to any Certificate of Compliance that may be required pursuant to Iowa Code
Chapter 453C (2021).
Definitions:
(a)

Brand Family means all styles of Cigarettes sold under the same trade mark and differentiated from
one another by means of additional modifiers or descriptors including, but not limited to, menthol, lights,
kings, and 100s, and includes any brand name (alone or in conjunction with any other word),
trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of
product identification identical or similar to, or identifiable with, a previously known brand of Cigarettes.

(b)

Cigarette as defined has the same meaning as in Iowa Code Section 453C.1(4).

(c)

Director as defined has the same meaning as in Iowa Code Section 453A.1(10).

(d)

Directory means the listing of all Tobacco Product Manufacturers that have provided current and
accurate certifications conforming to the requirements of Iowa Code Section 453D.3(1) and all Brand
Families that are listed in such certifications; except as provided by Iowa Code Section 453D.3(2).

(e)

Master Settlement Agreement (MSA) as defined has the same meaning as in Iowa Code Section
453C.1(5).

(f)

Non-participating Manufacturer means any Tobacco Product Manufacturer that is not a Participating
Manufacturer.

(g)

Participating Manufacturer has the meaning given that term in Section II(jj) of the Master Settlement
Agreement and all amendments thereto.

(h)

Qualified Escrow Fund has the same meaning as that term is defined in Iowa Code Section
453C.1(6).

(i)

Stamping Agent or Distributor means a person that is authorized to affix tax stamps to packages or
other containers of Cigarettes under Iowa Code 453A, or any person that is required to pay the excise
tax or tobacco tax imposed pursuant to Iowa Code 453A on Cigarettes, as defined in Iowa Code
Section 453C.1(4).

(j)

Tobacco Product Manufacturer has the same meaning as that term is defined in Iowa Code section
453C.1(9).

(k)

Units Sold has the same meaning as that term is defined in Iowa Code section 453C.1(10).

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When is this certification due?
This certificate of compliance must be executed and delivered to the Iowa Attorney General and the Director
on or before April 30, 2022.
SPECIFIC INSTRUCTIONS:
Part 1:

Manufacturer's Identification. Provide the name, address, telephone, fax number and electronic
mail address. Provide the name and title of each corporate officer. If applicant is not a manufacturer
domiciled in the U.S.A., please supply the name of your importer and their identifying information.

Part 2:

Sales Year. Identify the sales year.

Part 3:

Units Sold and Escrow Due. Identify the units sold. Using the formula provided, calculate the
escrow due.

Part 4:

Financial Institution. Identify (i) the name, address and telephone number of the financial
institution where the Non-Participating Manufacturer has established a Qualified Escrow Fund
pursuant to 453C.2(2); (ii) the account number of such Qualified Escrow Fund and any sub-account
number for the State of Iowa.
Qualified Escrow Agreement. Attach a copy of the Qualified Escrow Agreement. Indicate whether
and when the Agreement has been approved by the Attorney General

Part 5:

Escrow Deposit/Withdrawal History. Identify (i) the amount such Non-Participating Manufacturer
placed in such fund for Cigarettes sold in the State during all preceding calendar years, the date
and amount of each such deposit; and (ii) the amount and date of any withdrawal or transfer of
funds the Non-Participating Manufacturer made at any time from such fund or from any other
Qualified Escrow Fund.

Part 6:

Notice of Escrow Deposit. The Financial Institution/Escrow Agent noted in Part 4 & Part 5 of this
certification, is required to provide directly to the Tobacco Enforcement Program of the Iowa
Attorney General’s Office the following: Proof of amount and date of deposit to Iowa’s segregated
sub-account for 2021 sales or current account ledger of the tobacco product manufacturer’s
segregated sub-account for Iowa. These items are part of the Certification and are due by April 30,
2022.

Part 7:

Brand Family Identification: Identify by Brand Family and Brand name all of the cigarettes that the
Tobacco Product Manufacturer intends to sell in this State whether directly or through any
distributor, retailer, or similar intermediary, and seeks to have included in the Directory. Only the
brands identified may be included in the Directory.
A Non-Participating Manufacturer shall include in its certification (i) a list of all of its Brand Families
and the number of Units Sold for each Brand Family that were sold in the State during the
preceding calendar year, (ii) a list of all of its Brand Families that have been sold in the State at any
time during the current calendar year, (iii) an indication, by an asterisk, of any Brand Family sold in
the State during any preceding calendar year that is no longer being sold in the State as of the date
of such certification, and (iv) identification by name and address of any other manufacturer of such
Brand Families in any preceding or current calendar year. The Non-Participating Manufacturer shall
update such list thirty calendar days prior to any addition to or modification of its Brand Families by
executing and delivering a supplemental certification to the Attorney General and the Director.
NOTICE: Iowa Code Chapter 101B became effective January 1, 2009, requiring that all cigarettes
sold in/into Iowa must meet fire safety standards. Please list any brands included in this application
(Part 7) which DO NOT meet Iowa’s reduced ignition propensity/ FSC standards.

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Part 8:

Registered Agent. Certify that the Non-Participating Manufacturer is registered to do business in
the State of Iowa or has appointed an agent for service of process who is LOCATED in Iowa and
provided notice thereof as required by 453D.4.

Part 9:

Stamping Agent. List the names and addresses of distributors selling manufacturer’s products into
Iowa to which the NPM intends to sell cigarettes and/or RYO tobacco.

Part 10:

Execution by Authorized Designees. The person executing the Certification must be an
authorized representative of the Tobacco Product Manufacturer identified in Part 1. The Designee’s
name and title must be printed and the Certification must be executed in the presence of an
authorized notary.

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