Oklahoma Attorney General - www.oag.ok.gov
Oklahoma Attorney General - www.oag.ok.gov

Tobacco Enforcement



HB2710 - New Law that Bans the Commercial Use of Cigarette Rolling Machine(s) in a Retail Business


The Office of the Oklahoma Attorney General enforces 37 O.S. 600.1 through 600.23, known as the Oklahoma Prevention of Youth Access to Tobacco Act, 37 O.S. 600.21 (“Escrow Statute”) and the Oklahoma Master Settlement Agreement Complementary Act (“MSACA”), 68 O.S. 360.1 through 360.9. The Escrow Statute requires cigarette manufacturers selling to Oklahoma consumers, either directly or indirectly through an intermediary, to become a Participating Manufacturer (“PM”), or make annual payments into an escrow account as a Non-Participating manufacturer (“NPM”). Title 68 O.S. 360.4 of the MSACA requires the Attorney General to publish a directory of cigarette and roll-your-own tobacco products that are approved to be stamped, sold, offered for sale, possessed for sale, or imported for personal consumption within the State of Oklahoma. Any brand family not listed in this Directory, except those bearing a tax-free stamp pursuant to 68 O.S. 349.1.C, are considered contraband and subject to seizure and forfeiture.

The Directory lists tobacco products by brand families, which is statutorily defined to mean "all styles of cigarettes or roll-your-own sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "methol", "lights", "kings", "100s", and includes any brand name alone or in conjunction with any 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..." Therefore, if a brand family is listed in the directory, then it is permissible for all styles of that brand family to be sold.

Tobacco Product Manufacturers must apply each year in order to be placed on the Directory. The directory is updated, as necessary, to add or remove a tobacco product manufacturer or brand family.

PACT Act Reporting Requirement

Pursuant to the Prevent All Cigarette Trafficking (“PACT”) Act, 15 U.S.C. 375, et seq., all Tobacco Product Manufacturers that sell, transfer, or ship cigarettes for profit into the State of Oklahoma, must register with the Oklahoma Tax Commission and submit monthly PACT Act reports to both the Oklahoma Tax Commission and the Office of the Oklahoma Attorney General. PACT Act reports are required even if the manufacturer had zero sales in the reporting month. PACT Act reports may be mailed to the address below.

Office of the Oklahoma Attorney General
Tobacco Enforcement
313 N.E. 21st Street
Oklahoma City, OK 73105

Under the PACT Act, a sale, shipment or transfer of cigarettes or smokeless tobacco made in interstate commerce is considered to have been made into the state, place, or locality in which the cigarettes or smokeless tobacco are delivered. Manufacturers are, therefore, required to report sales to distributors located within Oklahoma, and sales made in interstate commerce to distributors located outside the State of Oklahoma for delivery into the State of Oklahoma. Manufacturers that do not report these sales are not in compliance with PACT Act reporting requirements and are subject to removal from the Oklahoma Directory.

Oklahoma Fire Safe Directory

All Participating Manufacturers, Subsequent Participating Manufacturers and Non-Participating Manufacturers that sell cigarettes in Oklahoma must be in compliance with the Fire Safety Standard and Firefighter Protection Act, codified at Title 74 O.S. Section 326.1 ("Fire Safe Cigarettes).

The certifications under this Act must be made to the Oklahoma State Fire Marshal's office.

The Oklahoma Fire Safe directory of all cigarettes certified under this Act can be found at:

www.firemar.state.ok.us


List of Certified Tobacco Manufacturers Approved for Sale

Tobacco Compliant List by Manufacturer

Tobacco Compliant List by Brand Name

Recent List Changes

Directory Forms

Frequently Asked Questions

Tobacco Directory Application

Notice of Appointment of Registered Agent

Declaration of Tobacco Product Importer

Non-Participating Manufacturer's Corporate Surety Bond


Escrow Forms

Non-Participating Manufacturer's Quarterly Certification

Non-Participating Manufacturer's Certification

Oklahoma Tobacco Laws

     37 O.S. 600.21 et seq.

     68 O.S. 360.1-8

     OTC 710:70-9-4

     HB 2710

Oklahoma Attorney General - www.oag.ok.gov

|313 NE 21st Street, Oklahoma City, OK 73105 | OKC 405.521.3921| Tulsa 918.581.2885 |