To be a
stamping agent, a person shall comply with all of the following provisions:
(a) Receive written authorization from the
(b) Be licensed by the
department as a wholesaler or unclassified acquirer.
(c) Be appointed as an agent of 1 or more
wholesalers or unclassified acquirers for the purpose of affixing stamps
prescribed by the department to individual packs of cigarettes.
(d) Submit to the department a current list
of all persons for whom he or she acts as a stamping agent as these persons
(e) Submit proof of
insurance to indemnify the state for any lost or stolen stamps.
(2) Each stamping agent shall keep
separate records, by denomination, of stamps received, affixed, and in
inventory at the end of each month for each wholesaler or unclassified
acquirer, or both, for whom the agent acts as a stamping agent.
(3) Upon the written request of a wholesaler
or unclassified acquirer, the department may, at its discretion, ship stamps
directly to the wholesaler's or unclassified acquirer's authorized stamping
agent or allow the stamping agent to pick up a stamp order on behalf of the
wholesaler or unclassified acquirer.
(4) A stamping agent shall not give, sell, or
lend an unaffixed stamp to another person and shall not accept, purchase, or
borrow an unaffixed stamp from another person for whom the agent has not been
authorized by the department to act as a stamping agent.
(5) A stamping agent shall not affix a stamp
received from a wholesaler or unclassified acquirer to another person's
individual cigarette pack.
notice from the department for proper administration of the act, a stamping
agent shall not affix stamps for any wholesaler or unclassified acquirer whose
license has been revoked or not renewed by the department and shall return any
related unaffixed stamps to the department.
(7) A stamping agent who discontinues acting
as a stamping agent or discontinues business shall return any unaffixed stamps
to the respective wholesaler or unclassified acquirer from whom the stamps were
received within 14 calendar days of the date of discontinuance. The department
must be provided with written notification of the date of return, the
denomination of the stamps, and the respective numbers of stamps returned. The
wholesaler or unclassified acquirer must certify receipt of the stamps in
writing. If the wholesaler or unclassified acquirer has a revoked or expired
license or has discontinued business, then the stamping agent shall return any
unaffixed stamps to the department within 14 calendar days of the date of his
or her license revocation, expiration, or discontinuance and identify the
related wholesaler or unclassified acquirer.