Arizona Cigarette Directory
Frequently Asked Questions
What kinds of tobacco products are subject to A.R.S. § 44-7111?
Does A.R.S. § 44-7111 apply to Smokeless Tobacco, Pipe Tobacco, and Cigars?
What is the Arizona Cigarette Directory?
What is the status of Cigarettes that are not included in the Directory?
What is a Tobacco Product Manufacturer?
What is the difference between a Participating Manufacturer and a Nonparticipating Manufacturer?
How does a Tobacco Product Manufacturer get its Name and Brand Family included in the Directory?
Does A.R.S. § 44-7111 apply to Indian Reservations located in Arizona?
What kinds of tobacco products are subject to A.R.S. § 44-7111?
A.R.S. § 44-7111 applies to all "Cigarettes," as defined in the Legislation. "Cigarettes" are defined as:
Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) 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 (3) any roll of 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 clause (1) of this definition. 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."
Does A.R.S. § 44-7111 apply to Smokeless Tobacco, Pipe Tobacco, and Cigars?
A.R.S. § 44-7111 does not apply to tobacco products other than "Cigarettes", as defined above. Thus, the Legislation does not apply to smokeless tobacco, cigars, and pipe tobacco, as long as such products do not meet the definition of "Cigarette." A product that meets the definition of a "Cigarette" is subject to the Legislation, regardless of how the product is labeled.
What is the Arizona Cigarette Directory?
The Arizona Cigarette Directory (or the "Directory") is mandated by A.R.S. § 44-7111(3)(b), which requires the Attorney General to develop and publish on the Attorney General's website a Directory of Cigarettes approved for stamping and sale. The Directory lists all Tobacco Product Manufacturers that the Attorney General has determined have satisfied the criteria set forth in A.R.S. § 44-7111, and the Brand Families listed in the certifications provided by such manufacturers.
A.R.S. § 44-7111(3)(c) provides that: "It shall be unlawful for any person (1) to affix a stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory or (2) to sell, offer or possess for sale, in this State, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory."
What is a Tobacco Product Manufacturer?
"Tobacco Product Manufacturer" has the same meaning prescribed in A.R.S. § 44-7101
What is the difference between a Participating Manufacturer and a Nonparticipating 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(jj)) of the MSA and all amendments thereto.
A "Nonparticipating Manufacturer" means any Tobacco Product Manufacturer that is not a Participating Manufacturer.
"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", 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.
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 A.R.S. § 44-7111(3), including by executing and delivering to the Attorney General and the Director of the Department of Revenue 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.
Is the Certification form required by A.R.S. § 44-7111(3) the same as the Certification form required to comply with A.R.S. § 44-7101, sometimes known as the "Model Statute" or the "Escrow Statute"?
No. The certification form for compliance with A.R.S. § 44-7101 is different from the certification form required by A.R.S. § 44-7111.
How often will the Attorney General update the Directory to add or remove a Tobacco Product Manufacturer or a Brand Family?
A.R.S. § 44-7111 requires the Attorney General to update this Directory as necessary to correct mistakes and to add or remove a Tobacco Product Manufacturer or Brand Family to keep the Directory in conformity with the requirements of the Legislation. Accordingly, Tobacco Product Manufacturers and/or Brand Families may from time to time be added to or removed from the Directory. If a Tobacco Product Manufacturer or Brand Family is removed from the Directory, it thereafter becomes unlawful for any person to affix a stamp to a package or other container of Cigarettes of that Tobacco Product Manufacturer or Brand Family or to sell, offer or possess for sale, in this State, Cigarettes of that Tobacco Product Manufacturer or Brand Family.
How can I receive e-mail notices of additions to and/or removals from the Arizona Cigarette Directory?
If a person wishes to receive e-mail notices of additions to and/or removals from the Directory, the person may provide their e-mail address to the Attorney General by following the instructions on the Directory. Of course, persons who elect not to receive such e-mail notices should consult the Directory on a regular basis. Distributors are required by A.R.S. § 44-7111 to provide an email address to the Attorney General and the Director of the Arizona Department of Revenue.
Is a Brand Family approved under A.R.S. § 44-7111(3) if it is manufactured by a Tobacco Product Manufacturer other than the manufacturer listed in the Directory?
No. Under A.R.S. § 44-7111(3)(c), it is "unlawful for any person (1) to affix a stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory or (2) to sell, offer or possess for sale, in this State, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory." In order for a Brand Family of Cigarettes to be approved, they must be manufactured by the Tobacco Product Manufacturer listed in the Directory.
Is a Brand Family approved under A.R.S. § 44-7111(3) 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. Under A.R.S. § 44-7111(3)(c), it is "unlawful for any person (1) to affix a stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory or (2) to sell, offer or possess for sale, in this State, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory." In order for a Brand Family to be approved, the Brand Family itself must be listed in the Directory.
Does A.R.S. § 44-7111 apply to Indian Reservations located in Arizona?
Yes. The proscriptions of A.R.S. § 44-7111(3)(c) (it shall be "unlawful for any person (1) to affix a stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory or (2) to sell, offer or possess for sale, in this State, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory") apply with full force to Indian Reservations located in Arizona, including Cigarettes stamped for sale and/or sold to and from locations on such Reservations.
Does the fact that a Tobacco Product Manufacturer or Brand Family is listed in the Directory mean that the Cigarettes comply with other State laws applicable to the sale and/or distribution of Cigarettes, such as A.R.S. §§ 36-798.04 & 42-3210, the violation of which may subject persons to separate civil and criminal penalties?
No. The fact that a Tobacco Product Manufacturer and its Cigarettes are listed in the Directory merely means that the Cigarettes have been approved under A.R.S. § 44-7111(3). The Fact that Tobacco Product Manufacturer's Cigarettes are listed in the Directory does not mean that they are compliant with other State laws applicable to the sale and/or distribution of Cigarettes, such as A.R.S. §§ 36-798.04 & 42-3210. For example, the sale of cigarettes in a package of less than 20 (e.g., the sale of individual cigarettes) is subject to A.R.S. § 36-798.04, which limits the distribution and sale of such cigarettes to facilities licensed pursuant to A.R.S. § 4-209(B)(6) and that admit only people that are at least 21 years old.
Note: The above information is provided for general informational purposes only. A.R.S. § 44-7111 imposes numerous requirements on persons involved in the manufacture, sales and distribution of Cigarettes. This legislation should be reviewed in its entirety.
