(1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commission a certification to the attorney general and the commission, no later than April 30th each year, certifying that, as of the date of the certification, the tobacco product manufacturer is either: (a) a participating manufacturer; or (b) in full compliance with Sections 59-14-214 and 59-22-203. (2) A participating manufacturer shall: (a) include in its certification a list of its brand families; and (b) update the list 30 calendar days prior to any addition to, or modification of, its brand families by executing and delivering a supplemental certification to the commission and the attorney general. (3) (a) A nonparticipating manufacturer shall include in its certification: (i) a list of all of its brand families and the number of units 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) indicating, by an asterisk, any brand family sold in the state by the manufacturer during the preceding calendar year that is no longer being sold in the state by the manufacturer as of the date of the certification; (iv) identifying by name and address, any other manufacturer of the brand families sold in the state, by the manufacturer submitting the certification, during the preceding or current calendar year; (v) that the nonparticipating manufacturer is registered to do business in the state, or has appointed a resident agent for service of process and provided notice of the registered agent as required by Section 59-14-605; (vi) that the nonparticipating manufacturer has: (A) established and continues to maintain a qualified escrow fund; and (B) has executed a qualified escrow agreement which: (I) has been reviewed and approved by the commission; and (II) governs the qualified escrow fund; (vii) that the nonparticipating manufacturer is in full compliance with the Model Tobacco Settlement Act and this part, and any regulations promulgated pursuant to the Model Tobacco Settlement Act or this part; and (viii) the following information concerning the qualified escrow fund: (A) the name, address, and telephone number of the financial institution where the nonparticipating manufacturer established the qualified escrow fund required by Section 59-22-203; (B) the account number of the qualified escrow fund and any subaccount number for the state; (C) the amount the nonparticipating manufacturer placed in the fund for cigarettes sold in the state during the preceding calendar year; (D) the date and amount of each deposit into the fund, and evidence or verification as required by the commission by administrative rule adopted in accordance with Section
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