Non-Authorized Holders

* The Virginia Code §3.2-4206.01 requires the Attorney General to maintain and publish a list on his website of individuals who are ineligible to be authorized holders of cigarettes as defined in Virginia Code §58.1-1000 below.

"Authorized holder" means (i) a manufacturer; (ii) a wholesale dealer who is not duly qualified as a wholesale dealer stamping agent, but who possesses, or whose affiliate possesses, a valid cigarette exemption certificate issued pursuant to § 58.1-623.2; (iii) a stamping agent; (iv) a retail dealer who possesses, or whose affiliate possesses, a valid cigarette exemption certificate issued pursuant to § 58.1-623.2; (v) an exclusive distributor; (vi) an officer, employee, or other agent of the United States or a state, or any department, agency, or instrumentality of the United States, a state, or a political subdivision of a state, having possession of cigarettes in connection with the performance of official duties; (vii) a person properly holding cigarettes that do not require stamps or tax payment pursuant to § 58.1-1010; or (viii) a common or contract carrier transporting cigarettes under a proper bill of lading or other documentation indicating the true name and address of the consignor or seller and the consignee or purchaser of the brands and the quantities being transported.

Any person convicted of (a) any criminal offense under this chapter; (b) any offense involving the forgery of any documents, forms, invoices, or receipts related to the purchase or sale of cigarettes or the purchase or sale of tobacco products as defined in § 58.1-1021.01; (c) any offense involving evasion or failure to pay a cigarette or tobacco product excise tax; or (d) any similar violation of an ordinance of any county, city, or town in the Commonwealth or the laws of any other state or of the United States is ineligible to be an authorized holder.

For the purposes of this definition, "affiliate" means any entity that is a member of the same affiliated group, as such term is defined in § 58.1-3700.1.

An attorney for the Commonwealth, law enforcement officer, or other person may submit a request to the Attorney General for a person to be included on the list and shall submit a certified copy of the conviction that makes the person ineligible to be an authorized holder. Requests can be made to the following:

Office of the Attorney General
Tobacco Enforcement Unit
202 North Ninth Street
Richmond, VA 23219
 

 

List of Persons Ineligible to be Authorized Holders of Cigarettes in Virginia

* Effective 7/1/2015.