FAQ > Tobacco Directory FAQs

Note: The information is provided for general information purposes only. R.C. 1346 imposes numerous requirements on persons involved in the manufacture, sales and distribution of Cigarettes. This legislation should be reviewed in its entirety.

Questions

Answers

Are quarterly certifications required in addition to the annual certification under Ohio Revised Code (ORC) Section 1346.05?
Yes. Quarterly payments and corresponding Quarterly Certifications are required for compliance with ORC 1346.02. The Quarterly Certification form is available online here.

Can consumers purchase cigarettes via the internet, phone, mail or other electronic means?
No. Pursuant to ORC 2927.023, the shipment of cigarettes to anyone in Ohio other than “authorized recipients” of tobacco products, as that term is defined in ORC 2927.023(A)(1), is strictly prohibited.  Simply put, Ohio law requires that all direct cigarette sales to Ohio consumers be made in a “face-to-face” transaction. A court shall impose a fine of a up to one thousand dollars for each violation of ORC 2927.023(B)(1), (B)(2), or (C).

How does a Tobacco Product Manufacturer get its Name and Brand Family included in the Directory?
A Tobacco Product Manufacturer may apply for inclusion in the Directory by completing the certification process described in ORC 1346.05, including by executing and delivering to the Attorney General the Certification form required by the Attorney General. The Attorney General must approve a Tobacco Product Manufacturer’s Certification and all other requirements before the Tobacco Product Manufacturer’s Name or Brand Family can be included in the Directory.

How often will the Attorney General update the Directory to add or remove a Tobacco Product Manufacturer or Brand Family?
Pursuant to ORC 1346.05(B)(2)(a):

The attorney general shall update the directory as necessary to correct mistakes or to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this section. At least ten days before any tobacco product manufacturer or brand family is added to or removed from the directory, the attorney general shall publish notice of the pending addition or removal online in the directory and shall notify the tax commissioner of those pending changes. At least ten days before such addition or removal, the tax commissioner shall transmit by electronic mail or other practicable means to each stamping agent notice of the pending addition or removal.

May a Brand Family be stamped or sold if it is manufactured by a Tobacco Product Manufacturer other than the manufacturer listed in the Directory?
No. In order for a Brand Family of Cigarettes to be stamped or sold in Ohio, it must be manufactured by the Tobacco Product Manufacturer listed in the Directory. See ORC 1346.05(C)(1)(a).

May a Brand Family be stamped or sold if the Brand Family is not listed in the Directory but is manufactured by a Tobacco Product Manufacturer that is listed in the Directory?
No. In order for a Brand Family to be stamped or sold in Ohio, the Brand Family itself must be listed in the Directory. See ORC 1346.05(C)(1)(a).

What is a Brand Family?
Pursuant to ORC 1346.04(A):
 
“Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol,” “lights,” “kings,” and “100s.” “Brand family” includes cigarettes sold under any brand name (whether that name is used alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarettes.

What is a Tobacco Product Manufacturer?
(a) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

(b) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(c) Becomes a successor of an entity described in division (I)(1)(a) or (b) of this section.

What is the difference between a Participating Manufacturer and a Non-Participating Manufacturer?
A "Participating Manufacturer" is a Tobacco Product Manufacturer that is or becomes a signatory to the Master Settlement Agreement, provided that the manufacturer meets the requirements of Section II(j) of the MSA and all amendments thereto.
 
A "Nonparticipating Manufacturer" means any Tobacco Product Manufacturer that is not a Participating Manufacturer.

What is the Ohio Tobacco Directory?
The Ohio Tobacco Directory is mandated by ORC 1346.05, which requires the Attorney General to develop and publish on the Attorney General’s website a Directory of cigarettes for sale. The Directory lists all Tobacco Product Manufacturers that the Attorney General has determined have satisfied the criteria set forth in ORC 1346.05, and the Brand Families listed in the certifications provided by such manufacturers.

What is the status of Cigarettes and RYO that are not included in the Directory?
Pursuant to ORC 1346.05(C)(1)(a),(b), and (c):

No person shall do any of the following:

1. Affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory;
    
2. Sell, offer for sale, or possess for sale in this state cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory;
    
3. Sell or distribute cigarettes that have had a tax stamp affixed while the tobacco product manufacturer or brand family of those cigarettes was not included in the directory;
    
4. Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state and that have had a tax stamp affixed while the tobacco product manufacturer or brand family of those cigarettes was not included in the directory;
    
5. Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state and that are the cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory.

What kinds of tobacco products are subject to ORC 1346.01-1346.10?
(D)(1) “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains any of the following:

(a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(b) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(c) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in division (D)(1)(a) of this section.

(2) The term “cigarette” includes “roll-your-own” (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute one individual “cigarette.”