Directory Act Information

Directory Act to Affect Legality of Tobacco Sales

Senate Bill 924, the Directory Act, was passed into law on December 30, 2003. It was sponsored by Senator John C. Rafferty Jr. (R-Berks).

The Directory Act requires all tobacco manufacturers who wish to sell cigarettes within Pennsylvania, to register with the Office of Attorney General in order for their brands to be listed in the directory of legal cigarettes.

The Directory Act will change the way cigarettes can be legally sold in Pennsylvania.

Products from registered manufacturers will be the only legal tobacco products that can be sold in Pennsylvania. After certifications are in from the manufacturers and the directory of legal cigarette brands are published on the Attorney General's web site, products from other unregistered manufacturers will be illegal and subject to seizure if they are found in retail or wholesale locations.

PFMA cautions retailers against any "really great deals" that may be offered which promote the sale of product at a lower than expected cost in large quantities. This may be a sign of "dumping" product that may ultimately be illegal.

It is important that retailers and wholesalers understand that they are responsible for keeping informed of changes to the directory by checking the web site weekly for additions and deletions. The Attorney General's Office will not contact retailers with changes to the directory. They will only publish the directory on its web site.

PFMA will be working with the Attorney General's office and the Department of Revenue to keep members informed of these changes by providing updates in publications and on the association web site at www.pfma.org. Any retailers that do not have their own internet access can use their public library to access the list electronically.

The first deadline for manufacturers to submit their certification applications was February 13, 2004. The directory will be published on March 27 and take effect 15 days later on April 11, 2004.

For more information, log on to the Attorney General's Tobacco Enforcement Section within the following web site: http://www.attorneygeneral.gov/ppd/tobacco/index.cfm.

Get in Compliance With The Pennsylvania Directory Act:

Retailers can comply with the state's Directory Act by contacting the Attorney General's web site for tobacco manufacturer participation listings. Retailers who want to see if their brand is providing tobacco settlement dollars to the Commonwealth, and therefore in compliance, can click onto the Attorney General's web site at http://www.attorneygeneral.gov/ppd/tobacco/brandsearch.cfm and review the directory of brands that comply with the state's Tobacco Settlement Agreement Act. The General Assembly passed a law last year requiring the Attorney General's Office to post the approved brands that can be sold within the Commonwealth. Cigarettes that are sold, offered for sale, or possessed for sale in violation of the TPMDA are considered contraband and subject to seizure.

To conduct the search, go to the aforementioned web site, select 'All' and press the search button. Retailers do not have to enter any information within the search field. Any brand not found within the search results is illegal to sell after April 11, 2004. PFMA is working with the Attorney General's Office to make this web site more user friendly.