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The Tobacco Enforcement Unit is charged with enforcing the Oklahoma Prevention of Youth Access to Tobacco Act, which requires cigarette manufacturers selling to Oklahoma consumers, either directly or indirectly through an intermediary, to become a Participating Manufacturer, or make annual payments into an escrow account as a Non-Participating manufacturer.
As part of the Oklahoma Master Settlement Agreement Complementary, the unit also publishes 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.
Click here for the tobacco complaint form to report suspected violations of the Oklahoma tobacco control laws.
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 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
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 Tobacco Laws
Effective Nov. 1, 2014
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. Click here for the Oklahoma Fire Safe directory of all cigarettes certified under this Act.
List of Certified Tobacco Manufacturers Approved for Sale
Wholesaler/Distributor Monthly Reporting Forms
At the request of the Oklahoma Tax Commission to make the forms identical to the ones to be submitted to both agencies, the following forms have been changed as of Oct. 24, 2014.
Instructions for submitting wholesaler reporting forms (Usernames and Passwords can be requested beginning November 12, 2014)
Information for Retailers