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Non-Participating Manufacturer - Certification Of Additional Information Form. This is a Illinois form and can be use in Office Of The Attorney General Statewide.
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State of Illinois
Non-Participating Manufacturer
NPM-3
Certification of Additional Information
p. 1 of 4
Part 1: Liability Year and Type of Certification
Liability Year for this Certification: Complete a separate form for
each liability year for which you are certifying. (check one)
Type of Certification:
(check one)
Initial
2010
Annual
Other:
_____________
Supplemental
Part 2: Manufacturer Identification
Company Name
Mailing Address
City
State
Phone
Zip Code
Fax
Country
FEIN
Part 3: NPM Status
References to cigarettes (includes roll-your-own) are to the brand families certified on the NPM-1 form submitted by the
manufacturer identified in Part 2.
Yes
No
NPM is the fabricator of the brand families listed on the NPM-1 form and intends for the cigarettes to be sold in the U.S.,
including cigarettes intended to be sold in the U.S. through an importer.
Yes
No
NPM is the first purchaser anywhere for resale in the U.S. of cigarettes manufactured anywhere that the manufacturer
does not intend to be sold in the U.S.
Yes
No
NPM is a successor as defined in 30 ILCS 168/10.
Part 4: Additional Information Requested by Attorney General’s Office
Check One:
► All NPMs must provide the information requested in this section.
► Provide a response to each question or indicate N/A.
► Each attachment must indicate the question to which it corresponds.
Response
Provided
Does Not
Apply
1. A copy of your current U.S. Treasury Tobacco Tax Bureau (TTB) permit as a manufacturer
and/or as an importer as required by 26 U.S.C. §5712 and §5713. Foreign NPMs should
provide importer permits for each company that will import its cigarettes into the U.S.
2. Name, address and phone number of the Trademark owner and any license agreement or
other document providing permission to the NPM to use the trademark for each of the brand
families certified in Part 3 of the NPM-1 certification form.
3.
4. A listing of all company officers and owners (all persons with an equity interest of 10% or
more in company).
5. A complete list of cigarettes (including roll-your-own tobacco) that NPM, its principals,
subsidiaries, affiliates, successors, members, officers, owners and directors manufacture no
matter where sold; time periods for manufacture of those brands; and place of manufacture
for those brands.
6.
A copy of the current corporate documents, such as articles of incorporation, charter or
certificate.
A complete list of other tobacco products (e.g. cigars, pipe tobacco, smokeless tobacco, etc.)
that NPM and its principals, subsidiaries, affiliates, successors, members, officers, owners
and directors manufacture no matter where sold; time periods for manufacture of those
brands; and the place of manufacture for those brands.
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State of Illinois
Non-Participating Manufacturer
NPM-3
Certification of Additional Information
p. 2 of 4
Part 4 (continued) : Additional Information Requested by Attorney General’s Office
Check One:
►All NPMs must provide the information requested in this section.
► Provide a response to each question or indicate N/A.
► Each attachment must indicate the question to which it corresponds.
Response
Provided
Does Not
Apply
7. A complete list of Little Cigars that NPM and its principals, subsidiaries, affiliates,
successors, members, officers, owners and directors manufacture no matter where sold;
time periods for manufacture of those brands; and the place of manufacture for those
brands.
8.
A list of prior manufacturers of each of the brand families certified in Part 3 of the NPM-1
certification form.
9. For each brand family certified in Part 3 of the NPM-1 certification form, provide the
following:
a. location of manufacture
applies to each brand family
yes no (explain)
b. name, address and phone number of
the factory manager(s)
Brand
Family
c. the date manufacturing d. the price you intend to sell each brand
first commenced
family to distributors licensed in Illinois
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State of Illinois
Non-Participating Manufacturer
NPM-3
Certification of Additional Information
p. 3 of 4
Part 4 (continued) : Additional Information Requested by Attorney General’s Office
Check One:
►All NPMs must provide the information requested in this section.
► Provide a response to each question or indicate N/A.
► Each attachment must indicate the question to which it corresponds.
Response
Provided
Does Not
Apply
e. identification of intended distributors
f.
g. the name, address and contact for the fabricator, if other than the NPM, and a copy of
any agreement or contract between the fabricator and NPM regarding the manufacture
and/or sale of cigarettes
10. If NPM or any of its principals previously imported or distributed cigarettes or roll-your-own
tobacco in the U.S., list each brand family name and the manufacturer name and address
for each brand family.
11. If NPM delivers cigarettes directly to a distributor located in and licensed to stamp for
Illinois, list all distributors located in and licensed to stamp for Illinois to whom cigarettes
were delivered and attach copies of the RC 36 CM reports filed with the Illinois Dept. of
Revenue for deliveries during the liability sales year. If NPM does not sell directly to Illinois
licensed distributors, provide a list of all importers and/or distributors to which cigarettes or
roll-your-own tobacco were sold during the liability sales year.
12. For each brand family of roll-your-own tobacco being certified, state whether NPM pays the
Illinois OTP tax and provide a complete list of retailers to whom the roll-your-own tobacco
is intended to be sold in Illinois. If NPM pays the Illinois OTP tax, attach a copy of the State
of Illinois distributor license.
13. If NPM intends to sell or authorizes any other entity to sell any cigarettes or roll-your-own by
mail order or through the internet, provide the internet website and/or identify publications.
Attach copies of all reports, if any, filed with the Illinois Dept. of Revenue to comply with the
Jenkins Act (Chapter 10A of Title 15 of the U.S. Code, Section 375 et seq.) for sales in the
last 12 months. Attach copies of any agreements authorizing another to sell your brand
families by mail order or through the internet. If NPM has a policy or protocol regarding
the prevention of sales of your products via the internet, please provide a copy.
14. For each brand family (cigarettes only) certified in Part 3 of the NPM-1 certification form,
provide the name and address of the entity that submitted the ingredient reporting
information to the U.S. Secretary of Health and Human Services as required by the
Federal Cigarette Labeling and Advertising Act (15 U.S.C. §1335a) and attach copies of all
certificates of compliance.
15. For each brand family (cigarettes only) certified in Part 3 of the NPM-1 certification form,
provide a copy of the current FTC rotation plan approval letter and the name and address
of the entity that filed the health warning rotation plan with the FTC.
16. If the escrow agreement submitted by NPM is encumbered by granting a security interest in
the escrow fund to a third party, provide UCC filings and Security Agreement pertaining to
this security interest in the escrow fund.
17. Provide a list of states that have certified NPM and the brand families certified. If any state
has refused to list or removed NPM from a state’s directory, identify the state(s).
explanation of manufacturing process and the precise activities that constitute
fabrication of the cigarettes or roll-your-own tobacco
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State of Illinois
Non-Participating Manufacturer
Certification of Additional Information
NPM-3
p. 4 of 4
Part 4 (continued): Additional Information Requested by Attorney General’s Office
19.
Provide a notarized statement that the brand styles you are attempting to certify are not
banned effective September 22, 2009 by the FDA legislation that bans additives, including
artificial or natural flavors, that are characterizing flavors of tobacco product other than
tobacco or menthol. See Section 907(a)(1)(A) of the Federal Food, Drug and Cosmetic Act
(FFDC) as amended by the Family Smoking Prevention and Tobacco Control Act (FSPTC).
20.
Provide documentation that all required payments have been made for all cigarette brands
for 2010 pursuant to the Tobacco Transition Payment Program as required by Federal law
under The Fair and Equitable Tobacco Reform Act of 2004 (P.L. 108-357).
21.
Provide Packaging for each brand family certified in Part 3 of the NPM-1 certification
form as part of the Annual Certification for LY 2010 that contains similar descriptors
to light, mild, or low or provide FDA authorization for such descriptors or confirm
that no packaging contains such descriptors. See Section 911(b)(2)(ii) and 911(b)(3)
of the Federal Food Drug and Cosmetic Act as amended by the Family Smoking
Prevention and Tobacco Control Act (21 USC 387k).
18.
For each brand family certified in Part 3, provide proof of the submittal to FDA of the
disclosure of tobacco product ingredients that was due by June, 2010 as required by §904 of
the Federal Food, Drug and Cosmetic Act (FFDC) as amended by the Family Smoking
Prevention and Tobacco Control Act (21 USC 387d). Please note that importers or their
agents must submit the information to FDA for foreign tobacco product manufacturers.
Part 5: Manufacturer Certification
Under penalties of perjury, I state that, to the best of my knowledge, all of the information contained in this Certification and
any attached documents are true and accurate and that I am a person authorized to bind the manufacturer making this
certification either under the laws of the State of Illinois or of the jurisdiction where the manufacturer resides or is organized. I
understand that the Attorney General may require additional information and/or documentation to determine whether the
manufacturer qualifies for listing on the Illinois Directory. This document must be signed and dated by an authorized notary
public.
NPM Authorized Designee (Print Name)
Title
Signature of NPM Authorized Designee
Date
Subscribed and sworn to
before me this date:
Signature of Notary Public
County
Commission Expires
Rev. 3/7/2011
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