Mich. Admin. Code R. 205.454 - Stamping agents; permissions; limitations

Rule 4.

(1) To be a stamping agent, a person shall comply with all of the following provisions:

(a) Receive written authorization from the department.

(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 change.

(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.

(6) Upon 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of the act, a stamping agent shall not affix stamps for any wholesaler or unclassified acquirer whose license has been revoked or not renewed by the department and shall return any related unaffixed stamps to the department.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.

Notes

Mich. Admin. Code R. 205.454

1998 - 2000 AACS