NOTICE REGARDING RYO CIGARETTE MACHINES (updated 10/10/12) Updated information from the TTB regarding Cigarette-Making Machines is now available at:
In late May, the Attorney General’s Office notified RYO cigarette machine retailers and tobacco manufacturers that new legislation would take effect on July 1, 2012 requiring that cigarettes produced by commercial RYO cigarette machines must be stamped with the Washington cigarette tax stamp. This new legislation will impact Washington’s tobacco certification requirements.
As of July 1, 2012, it is unlawful for a commercial roll-your-own cigarette machine establishment to sell, offer, or possess for sale any tobacco to be purchased by consumers as tobacco for making cigarettes, regardless of its label, unless it appears on the Washington Attorney General’s Certified Tobacco Products Directory.
Manufacturers of tobacco suitable for making cigarettes whose tobacco is sold to Washington RYO cigarette-making retail establishments must comply with RCW 70.157 and RCW 70.158, regardless of how the tobacco is labeled.
The litigation challenging the legality of the new cigarette tax stamping requirement has been dismissed. The requirements discussed above are in effect and will remain in effect until further notice. Please check back for updated information posted here.
There have been recent developments in federal legislation that may change requirements for RYO cigarette machine retailers. HR 4348, the Moving Ahead for Progress in the 21st Century Act, passed both Houses of Congress on June 29. The President signed the bill on Friday, July 6, 2012. The bill is located here. Please check the Alcohol and Tobacco Tax and Trade Bureau’s website for information on implementation of this new federal law.
GENERAL CERTIFICATION INFORMATION: In 2003, the Washington State Legislature passed a law (RCW 70.158) requiring tobacco product manufacturers to annually certify cigarettes and loose “roll your own” tobacco to be sold in the State of Washington.
The law requires all tobacco product manufacturers who intend to sell cigarettes and loose “roll-your-own” tobacco within the state of Washington as defined in RCW 70.157.010 – to file a Certification of Enrollment with the Washington State Attorney General’s Office.
Initial certification must be filed prior to doing business in the state and must be re-filed by April 30 of each year in order to continue doing business. One of the requirements for certification is a Permit from the federal Alcohol and Tobacco Tax and Trade Bureau (TTB).
A Certification form must be filed with the Attorney General prior to doing business in Washington, and one must also be filed each April 30th following a year in which cigarettes were sold in the state. The Certification must be filed whether the manufacturer intends to sell cigarettes directly or through a distributor, retailer, or similar intermediary. This Certification is in addition to any Certificate of Compliance that may be required pursuant to RCW 70.157.
Click here for general information, definitions, instructions and a copy of the Certification of Enrollment form.
Nonparticipating Manufacturers: A nonparticipating manufacturer (“NPM”) must register to do business in the state or appoint a registered agent for service of process. If the NPM is registered to do business in the state, it must provide a copy of its Certificate of Authority to the Attorney General. If the NPM is not registered to do business in the state, it must register with the Attorney General by completing the Statement of Registration form.
List of Certified Tobacco Manufacturers: Individuals who offer cigarettes for sale in this state must check the directory of certified tobacco product manufacturer -- by brand and by manufacturer – to see if the tobacco product manufacturer and the cigarette brand family may be sold in this state. It is unlawful for any person 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.
It is also unlawful for any person to sell, offer, or possess for sale in this state or import for sale in this state, any cigarettes of a tobacco product manufacturer or brand family not included in the directory. Failure to comply can result in a civil penalty, revocation of the wholesaler license, injunction, and criminal charges. Additionally, such cigarette products may be seized as contraband.