Skip to content
AG Dave Sunday
  • Careers
  • Contact
  • News
  • Language
Stop Unwanted Calls
Submit a Complaint
Report a Data Breach
Report a Possible Sexual Cybercrime
Report Suspicious Activity RX
Request the AG at Your Event
Book a Presentation
Submit an Anonymous Tip
Submit or Appeal Right to Know
Determine Concealed Carry Reciprocity by State
Work at the AG
Apply for a Grant
  • The Office
  • Our Work
  • For the Public
  • For Businesses & Organizations
Executive Staff History Meet the Attorney General Regional Offices
Civil Law Division Criminal Law Division Public Protection Division Official Attorney General Opinions
Attorney General Sunday

The Attorney General is a Navy veteran and career prosecutor who has served York County since 2009.

Meet the Attorney General
Agriculture, Communities and Rural Environment (ACRE) Conviction Integrity Section Eternity Pet Memorials
Law Enforcement Treatment Initiative (LETI) Office of Public Engagement
Office of Public Engagement

The Office of Public Engagement provides no-cost educational presentations and outreach initiatives across Pennsylvania, designed to empower communities and strengthen public safety.

View Our Programs
Civil Rights Concealed Carry Reciprocity Charitable Giving Do Not Call (Stop Unwanted Calls) Educational Materials Home Improvement Contractor Verification Identity Theft Health Care
Insurance Fraud Medicaid Fraud Military and Veterans Opioids and Substance Use Protecting Kids Protecting Seniors Voting and Election Information in Pennsylvania
Do Not Call List

Register your phone number to limit unsolicited telemarketing calls under Pennsylvania law.

Sign Up
Community Drug Abuse Prevention Grant Coroner’s Education Board Fireworks Display Registration Health Club Registration Home Improvement Contractor Registration
Cigarette Laws, Forms and Directory of Approved Brands Electronic Nicotine Delivery System Laws, Forms and Directory of Approved Brands Telemarketing Registration Uniform Planned Community Registration
Home Improvement Contractor Registration

HICPA is a Pennsylvania law that requires home improvement contractors to register and follow consumer protection rules to protect homeowners.

Learn About HICPA
  • The Office
    • Overview
    • Executive Staff
    • History
    • Meet the Attorney General
    • Regional Offices
    • Civil Law Division
    • Criminal Law Division
    • Public Protection Division
    • Official Attorney General Opinions
  • Our Work
    • Overview
    • Agriculture, Communities and Rural Environment (ACRE)
    • Conviction Integrity Section
    • Eternity Pet Memorials
    • Law Enforcement Treatment Initiative (LETI)
    • Office of Public Engagement
  • For the Public
    • Overview
    • Civil Rights
    • Concealed Carry Reciprocity
    • Charitable Giving
    • Do Not Call (Stop Unwanted Calls)
    • Educational Materials
    • Home Improvement Contractor Verification
    • Identity Theft
    • Health Care
    • Insurance Fraud
    • Medicaid Fraud
    • Military and Veterans
    • Opioids and Substance Use
    • Protecting Kids
    • Protecting Seniors
    • Voting and Election Information in Pennsylvania
  • For Businesses & Organizations
    • Overview
    • Community Drug Abuse Prevention Grant
    • Coroner’s Education Board
    • Fireworks Display Registration
    • Health Club Registration
    • Home Improvement Contractor Registration
    • Cigarette Laws, Forms and Directory of Approved Brands
    • Electronic Nicotine Delivery System Laws, Forms and Directory of Approved Brands
    • Telemarketing Registration
    • Uniform Planned Community Registration
  • Stop Unwanted Calls
  • Submit a Complaint
  • Report a Data Breach
  • Report a Possible Sexual Cybercrime
  • Report Suspicious Activity RX
  • Request the AG at Your Event
  • Book a Presentation
  • Submit an Anonymous Tip
  • Submit or Appeal Right to Know
  • Determine Concealed Carry Reciprocity by State
  • Work at the AG
  • Apply for a Grant
  • Careers
  • Contact
  • News
Home » For Businesses and Organizations » Cigarette Laws, Forms and Directory of Approved Brands » Non-Participating Manufacturer Certification Form 2026

Non-Participating Manufacturer Certification Form 2026

Non-participating tobacco manufacturers can use this form to complete their annual certification with the Tobacco Enforcement Section. Enter the required company and brand details, upload supporting documents, and sign to certify.

Tobacco Enforcement Section

Questions?

  • 717-783-1794
  • to*****@*************al.gov

Non-Participating Manufacture Checklist

Non-Participating Manufacture Instructions

Non-Participating Certification Form Affidavit

Non-Participating Health Warning Rotation Plan Affidavit

Additional Files:

  • Required Brand List
  • Shipment History
  • Units Sold History
  • Required Brand Transfers
  • NPM Bond Form
  • NPM Importer Declaration

"*" indicates required fields

  • Please comply with certification checklist and instructions and upload with documentation.
  • Failure to provide all necessary information will result in the rejection of your certification.

PART I: Tobacco Product Manufacturer Identification

Address*
Factory Address*
Factory Manager Name*
Do you have additional Factories?
Factory Address – 2
Factory Manager Name – 2
If more than two factories please fill out additional attachment
Name of Designated Contact*
Name of Legal Counsel for cc (optional)
Importer’s Address
Do you have an additional Importer?
Importer’s Address – 2
If more than two importers please fill out additional attachment
This Form is (check one):*
Initial Certifications will require additional documentation.

PART II: General Questions for the Manufacturer

1. Are you the actual manufacturer (i.e. fabricator) of the brands listed in this certification?*
2. Are you the Trademark Owner of the brands listed in this certification?*
Provide the name and contact information of the owner, attach a copy of the live trademark from the USPTO website and a copy of any agreement that defines trademark rights and/or control over the manufacturing of the cigarettes (such as an exclusive manufacturing agreement) and attach an executed copy of such agreement. If ownership or rights to trademark or brand have changed, please explain and attach any applicable trademark(s) and/or licensing agreement(s).
Provide the name and contact information of the owner, attach a copy of the live trademark from the USPTO website and a copy of any agreement that defines trademark rights and/or control over the manufacturing of the cigarettes (such as an exclusive manufacturing agreement) and attach an executed copy of such agreement. If ownership or rights to trademark or brand have changed, please explain and attach any applicable trademark(s) and/or licensing agreement(s).
Owner Name*
A copy of your full live trademark(s) from the last 30 days from the USPTO website. Ensure all fields of the trademark are expanded, displaying all details.
Drop files here or
Max. file size: 256 MB.
    Attach an executed copy of above trademark agreement(s).
    Drop files here or
    Max. file size: 256 MB.
      3. Do you own, license, market, or hold rights to market in the United States, by way of a trademark, licensing agreement or other authority, any brands or brand styles of cigarettes or roll-your-own tobacco which you are not seeking to certify at this time?*
      Drop files here or
      Max. file size: 256 MB.
        Drop files here or
        Max. file size: 256 MB.
          Drop files here or
          Max. file size: 256 MB.
            5. I don't have a copy of the U.S. Centers for Disease Control (CDC) ingredient listing compliance letter for the current year for all of the brands listed in this certification
            6. Have you ever had an enforcement action taken against you (in any state including PA) that you have not previously disclosed to this Office. If you have previously supplied information for these types of actions, click "disclosed prior" and add year of disclosure.*
            Drop files here or
            Max. file size: 256 MB.
              7. Have you ever been denied Directory Listing in any U.S. jurisdiction that you have not previously disclosed to this Office? If you have previously supplied information for these types of actions, click "disclosed prior" and add year of disclosure.*
              Drop files here or
              Max. file size: 256 MB.
                Test results expire three years after the date of the test regardless of the expiration date of the applicable fire safe certificate. For tests that will become three years old within three months of submission of this certification, manufacturers are advised that submitting updated tests may help expedite review and processing of the certification.
                Drop files here or
                Max. file size: 256 MB.
                  Drop files here or
                  Max. file size: 256 MB.
                    9 – I don't have any Pennsylvania Tobacco Products Licenses
                    10. Are the responsible parties current with their monthly report filings to the PA Department of Revenue in accordance with the federal Prevent All Cigarette Trafficking (PACT) Act/Jenkins Act 15 U.S.C § 375 – 378?*
                    11. Do you have a new qualified escrow account/fund with a qualified escrow agent subject to the current OAG qualified escrow agreement.*
                    Drop files here or
                    Max. file size: 256 MB.
                      12. CSA/Distributor – New Non-Participating Manufacturers must secure a CSA/Distributor and initiate sales within six (6) months of Directory Listing. Failure to do so will result in removal from the PA Directory. Failure to maintain a CSA/Distributor for longer than a six (6) month period will also result in removal from the PA Directory. Type N/A if not a new manufacturer
                      Drop files here or
                      Max. file size: 256 MB.
                        14. Are any of your brand styles, contained in this certification, currently under review or been issued a Non-Substantial Equivalence Order by the FDA within the past two (2) years?*

                        Please provide the signed and notarized FDA affidavit located below stating all certifying brands/styles are current and in compliance with FDA rules and regulations.

                        View/Download Notarized Affidavit

                        For any newly added brand style(s) please provide documentation to establish the style(s) in compliance with the Family Smoking Prevention and Tobacco Control Act, and therefore able to be sold legally in the United States.

                        Should a brand style be determined to be Non-Substantially Equivalent throughout the course of the year, you are required to provide information as soon as it is made available to ensure that products on the Directory remain legal for sale.

                        Drop files here or
                        Max. file size: 256 MB.
                          15. For all Initial Certifications, attach a photograph and diagram of the manufacturing facility?*
                          Drop files here or
                          Max. file size: 256 MB.
                            16. Have your manufacturing facilities changed locations within the last certification year? If so, please include the location where the brand style is manufactured on the Required Brand list template (updated 2026).*
                            Drop files here or
                            Max. file size: 256 MB.
                              Drop files here or
                              Max. file size: 256 MB.
                                18. Do you have any parent, subsidiary, sister, related, associated, or other affiliated entities?*
                                An “affiliate” is defined as a person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of the definition of “affiliate,” the terms “own,” “owned,” and “ownership” mean ownership of an equity interest, or equivalent thereof, of 10% or more.
                                List all such entities, their relationship and whether they manufacture, sell or distribute tobacco products for sale in PA. Attach additional sheets if necessary.*
                                Company Name and Address
                                Contact Person and Telephone Number
                                Does this Company Sell or Distribute Tobacco Products for Sale in PA?
                                 
                                Drop files here or
                                Max. file size: 256 MB.
                                  Drop files here or
                                  Max. file size: 256 MB.

                                    PART III: Brand and Style Identification

                                    Please be sure the packaging provided is clear of any proprietary information as it will be displayed to the public on the Pennsylvania Tobacco Product Directory of Approved Brands.
                                    Drop files here or
                                    Max. file size: 256 MB.
                                      Use this space to upload the Required Brand List. Use the Brand List template provided (downloadable Excel File in the sidebar), indicate all styles to add/remove/remain. Please note changes have been made to the 2026 Brand List Template.
                                      Drop files here or
                                      Max. file size: 256 MB.
                                        Section B. Brand Transfers
                                        If, through a purchase or transfer of a brand, brand style or formula, a brand style has ever been owned, marketed or manufactured by another manufacturer, upload the required Brand Transfers Template. Further documentation may be requested to verify sales and purchase details.
                                        Drop files here or
                                        Max. file size: 256 MB.
                                          No Files to Upload
                                          Section C. Yearly Shipment History

                                          Using the Required Yearly Shipment History template provided, identify every shipment of unstamped cigarettes or non-SET-paid RYO tobacco manufactured by your company during the prior year.

                                          List all states and U.S. territories to which you (the manufacturer), your importer, or any other entity shipped unstamped cigarettes or RYO tobacco belonging to your brand families during the prior year. You are responsible for all shipments made by any importer/s.

                                          If you were not the only manufacturer of any of your brand families or styles that shipped into any state or U.S. territory during the prior year, on an attachment provide the name and address of every other manufacturer and the dates of manufacturer by each manufacturer for each brand family or style.

                                          Drop files here or
                                          Max. file size: 256 MB.
                                            Section D. Units Sold History
                                            For the prior year please certify how many units were sold into Pennsylvania, as defined by 35 P.S. § 5673 and 35 P.S. § 5702.102. You are responsible for all units sold in PA.
                                            Using the Required Units Sold template provided, (downloadable Excel File in the sidebar) identify all units sold within the Commonwealth of Pennsylvania during the prior year belonging to a brand family that belongs to the above named tobacco product manufacturer.
                                            Drop files here or
                                            Max. file size: 256 MB.

                                              PART IV: Residency Status

                                              Manufacturer Residency Status
                                              The undersigned certifies that the above-named Tobacco Product Manufacturer (check one):
                                              MM slash DD slash YYYY
                                              Address*
                                              Importer(s) Residency Status

                                              If the above-named Tobacco Product Manufacturer’s cigarettes/RYO are manufactured outside of the United States, the undersigned certifies that the importer(s) of such cigarettes/RYO has executed a declaration prescribed by the Attorney General accepting joint and several liability as required by 35 P.S. §5702.304 and (1) is a resident of the Commonwealth of Pennsylvania or (2) has appointed the resident agent(s) identified in the letters attached below for service of process in the Commonwealth of Pennsylvania.
                                              Drop files here or
                                              Max. file size: 256 MB.

                                                PART V: Escrow Account Information

                                                Attach a fully executed copy of the current Qualified Escrow Agreement including any amendments or attachments. A copy of the Pennsylvania Model Escrow Agreement is available on our website.
                                                Drop files here or
                                                Max. file size: 256 MB.

                                                  All Escrow Agreements – Once an escrow agreement has been approved you cannot change it without prior approval of this Office. This includes a change in financial institution, including through a buyout or merger. This Office reserves the right to require a new escrow agreement. We also, reserve the right to reject any revisions which have not been approved in advance. Please verify that your financial institution is submitting copies of your escrow statements to our office.

                                                  Section A. Qualified Escrow Fund – Financial Institution

                                                  Address*

                                                  Section B. Escrow Fund Deposit/Withdrawal History for Pennsylvania

                                                  Deposit/Withdraw History*
                                                  Provide the escrow deposit/withdrawal history. Attach proof of the current balance and updated account ledger of the escrow account as provided by the escrow agent and proof of the date of the most recent deposit. Failure to comply may result in denial of your certification.
                                                  Date
                                                  Deposit
                                                  Withdrawal
                                                  Balance
                                                   
                                                  Drop files here or
                                                  Max. file size: 256 MB.

                                                    Section C. Surety Bond Status

                                                    Calculating the Required Bond Amount

                                                    A bond required pursuant to 35 P.S. §5702.313 must provide a bond amount of at least the highest amount of escrow owed by the above-named Tobacco Product Manufacturer for any four consecutive calendar quarters over the past 12 calendar quarters. If the required bond amount increases before the next annual certification is due, the bond amount must be adjusted as required by 35 P.S. §5702.313 with notice to the Attorney General.

                                                    Surety Bond Information
                                                    MM slash DD slash YYYY
                                                    The undersigned certifies that the above-named Tobacco Product Manufacturer has posted a bond for the sole benefit of the Commonwealth in the amount required by 35 P.S. §5702.313 using the bond form prescribed by the Attorney General.
                                                    Drop files here or
                                                    Max. file size: 256 MB.

                                                      Section D. Required Certification Checklist Form TES-016

                                                      Drop files here or
                                                      Max. file size: 256 MB.

                                                        PART VI: Execution by Corporate Officer or Director

                                                        I understand that any violation of the requirements of the Tobacco Product Manufacturer Directory Act or of the Tobacco Settlement Agreement Act is a basis for removal of the manufacturer’s brand families from the Commonwealth’s Directory of Approved Brands.

                                                        I agree that all packaging images submitted with this certification are free of proprietary and confidential information and may be publicly posted on the Pennsylvania Tobacco Product Directory website.

                                                        I hereby certify, under penalty of perjury, that the Tobacco Product Manufacturer identified in Part I is a Non-Participating Manufacturer in full compliance with the Tobacco Settlement Agreement Act, is a resident of the Commonwealth, or, if not a resident has appointed a registered agent for service of process, has established and continuously maintains a qualified escrow fund, and has executed the current qualified escrow agreement approved by the Attorney General.

                                                        I hereby certify under penalty of perjury that the brand families submitted for inclusion on the Pennsylvania Tobacco Product Directory of Approved Brands are legal to sell in the United States under the Family Smoking Prevention and Tobacco Control Act and all regulations promulgated thereunder and therefore have been approved/certified by the FDA and/or are currently under review by the FDA. If a brand family style has been issued a Non-Substantially Equivalent Order or any other determination by the FDA making the product no longer able to be sold in the US, we will notify the Office of Attorney General immediately.

                                                        I hereby certify under penalty of perjury that I will continually update the information and documentation provided in this certification if it changes during the year, to ensure the products contained on the Pennsylvania Tobacco Product Directory of Approved Brands are able to be legally sold.

                                                        I hereby certify and declare under penalty of perjury that all of the statements and information contained in the certification, including but not limited to any accompanying statements or attachments herewith, are true, correct and complete and that I am a person authorized to bind the Tobacco Product Manufacturer making this certification either under the laws of the Commonwealth of Pennsylvania or of the jurisdiction where the manufacturer resides or is organized.

                                                        I affirm under penalty of perjury that the brand families included in this certification are the cigarettes of the undersigned TPM, who takes responsibility for purposes of calculating payment of escrow into a qualified escrow account as required under the TSAA.

                                                        Confirm Completion*
                                                        Clear Signature

                                                        Explore More

                                                        More in Cigarette Laws, Forms and Directory of Approved Brands

                                                        • Participating Manufacturer Certification Form 2026 Participating tobacco manufacturers can use this form to complete their annual certification with the Tobacco Enforcement…
                                                        • Quarterly Manufacturer Certification Form 2026 Tobacco manufacturers can use this form to submit their quarterly certification to the Tobacco Enforcement Section.…
                                                        • TES Packaging Change Certification Form Tobacco manufacturers can use this form to certify changes to product packaging with the Tobacco Enforcement…
                                                        • Tobacco Directory This is a listing of brands and brand styles which have been certified as Fire Standards…
                                                        AG Dave Sunday

                                                        Pennsylvania Office of Attorney General

                                                        Facebook Twitter YouTube
                                                        Strawberry Square
                                                        Harrisburg, PA 17120

                                                        717-787-3391

                                                        Contact Us
                                                        • Submit a Complaint
                                                        • Do Not Call List
                                                        • Report a Data Breach
                                                        • Request Investigative Information
                                                        • Civil Law Division
                                                        • Criminal Law Division
                                                        • Public Protection Division
                                                        • Office of Public Engagement
                                                        • Retired ID Cards
                                                        • Procurement
                                                        • Right-to-Know
                                                        • Careers
                                                        • Service of Process
                                                        Copyright © 2026. All rights reserved. Accessibility and Privacy Policy