California Tobacco Directory
Frequently Asked Questions

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1. What is the California Directory?

   The California Directory is mandated by Revenue & Taxation Code section 30165.1, 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 section 30165.1, and the Brand Families listed in the certifications provided by such manufacturers.

2. What is the status of Cigarettes that are not included in the Directory?

   There are several:

   Pursuant to Revenue & Taxation Code section 30165.1(e) (1), (2) and (3):

   1. No person may sell, offer or possess for sale in this state or import for personal consumption in this state, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory.
   2. No person shall affix, or cause to be affixed any tax stamp or meter impression to a package of Cigarettes or pay a tax on roll-your-own tobacco of a Brand Family not listed in the Directory.
   3. No person may acquire, hold, own, possess, transport, import or cause to be imported Cigarettes or roll-your-own tobacco that the person knows, or should know, are not listed in the Directory.
3. What is a Tobacco Product Manufacturer?

   "Tobacco Product Manufacturer" has the same meaning as prescribed in Health & Safety Code section 104556(i)

4. 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(j) of the MSA and all amendments thereto.

   A "Nonparticipating Manufacturer" means any Tobacco Product Manufacturer that is not a Participating Manufacturer.

5. What is a Brand Family?

   "Brand Family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including, but not limited to, "menthol," 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.

6. 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 Revenue & Taxation Code section 30165.1, including executing and delivering to the Attorney General the Certification for Listing form (JUS-TOB1) and all other applicable forms and required documentation.

7. Does the Certification For Listing form (JUS-TOB1) required by Revenue & Taxation Code section 30165.1 replace the Certification of Compliance & Affidavit form (JUS-TOB3) required to comply with Health & Safety Code sections 104555-104557, also known as the "Reserve Fund Statute" or the "NPM Reserve Fund Statute"?

   No. The Certification form (JUS-TOB1) for compliance with Revenue & Taxation Code section 30165.1 is in addition to the Certification of Compliance form (JUS-TOB3) required to comply with California's Reserve Fund Statute. Both forms must be timely filed.

8. 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 California, it must be manufactured by the Tobacco Product Manufacturer listed in the Directory. (See Revenue and Taxation Code section 30165.1(e)(1), (2) and (3).)

9. 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 California, the Brand Family itself must be listed in the Directory. (See Revenue and Taxation Code section 30165.1(e)(1), (2) and (3).)