Tobacco Enforcement

The Oregon Department of Justice is dedicated to helping ensure tobacco compliance across the state. If you are a tobacco manufacturer or Oregon distributor/stamping agent, these resources are designed to help you comply with Oregon’s NPM Statutes under ORS 323.800 to ORS 323.806 and Oregon’s Complementary Tobacco Legislation under ORS 180.400 to ORS 180.455, ORS 323.248, and ORS 323.612.

Tobacco Product Manufacturers and Oregon Distributor / Stamping Agent Information

Directories

Delivery Sales Ban

ORS 180.441 restricts delivery sales of cigarettes (including RYO), inhalant delivery systems, and smokeless tobacco products. Shipments to Oregon-licensed distributors and retailers are permitted. A seller may not ship cigarettes, inhalant delivery systems, or smokeless tobacco products purchased by mail, telephone, or over the internet to consumers. Consumer purchases of these products must be made in person at a retail store.

The Attorney General may bring a civil enforcement action against a person who violates these provisions. The Attorney General may seek an injunction, an order disgorging profits, a civil penalty of up to $5,000 per violation, and the costs of the investigation and attorney fees.

Laws

Fire Standard Compliant (Reduced Ignition Propensity) Cigarettes (ORS 476.755 to 476.995):

The Oregon Department of Justice is processing fire standard compliance requirements for the foreseeable future. Please submit certifications to TobaccoEnforcementFSC@doj.oregon.gov.

Tobacco Violation Complaint Form

Please use this form to report violations of the escrow, directory, cigarette tax, and tobacco tax statutes and rules.

Tobacco Forms

PACT Act Information and Forms

The Jenkins Act, 15 U.S.C. §§ 375, et. seq., as amended by the PACT Act, requires all persons who sell, transfer, or ship for profit cigarettes (including roll-your-own tobacco) and smokeless tobacco in interstate commerce to file reports, no later than the 10th of each month, listing the quantities, brands, and recipients of all applicable shipments. Starting March 28, 2021, these reports must also be made for interstate shipments of electronic nicotine delivery systems. Reports of shipments into Oregon should be made to both the Oregon Department of Revenue and the Oregon Department of Justice. The PACT Act authorizes criminal and civil penalties for violation of the Act.  See 15 U.S.C. §§ 377-378 ».

The form below is provided for your use.  Please return by the 10th of each month to: TCUunit@oregon.gov  and  tobaccoenforcementBSR@doj.oregon.gov.

For more information, please visit the Bureau of Alcohol, Tobacco, Firearms and Explosives website ».

Smokeless Tobacco Forms

Little Cigar Forms

Distributor Forms

Brand Specific Report for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for All Manufacturers

All businesses distributing cigarettes, roll-your-own tobacco, or little cigars must complete the “Brand Specific Report (BSR) for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for All Manufacturers.” This report is due every month, no later than the 15th day after the close of the reporting month. Distributors are required to report distribution of the above products for all participating manufacturers and non-participating manufacturers.

If you have any questions, please submit to:  tobaccoenforcementBSR@doj.oregon.gov

The completed BSR must be submitted electronically to: tobaccoenforcementBSR@doj.oregon.gov

Cigarette and Tobacco Distributor Licensee Statement and Certification of Direct Buy

If you are a licensed distributor, please fill out the Cigarette and Tobacco Distributor Licensee Statement and Certification of Direct Buy and submit electronically by clicking the link below:

Oregon Distributor/Stamping Agent Certification and Registration Form

Under ORS 180.435(3), all distributors who affix stamps to cigarette packages are required to provide the Attorney General with an e-mail address for notice and changes in the Oregon Tobacco Directory, in accordance with the provisions of ORS 323.005 to 323.482.

Packaging Change Only Form

Participating Manufacturer Forms

Participating Manufacturer Certification For Listing on Oregon Directory

Under ORS 180.400 to ORS 180.450, all participating manufacturers that intend to sell cigarettes within the state of Oregon are required to file this certification form prior to selling any tobacco products in Oregon. Annual certifications with supporting documents are due on or before April 30 each year. To add or change information for the current sales year, a participating manufacturer must file this certification as a supplemental certification at least 30 days prior to any change or addition.

Non-Participating Manufacturer Forms

Non-Participating Manufacturer Certification For Listing on Oregon Directory

Under ORS 180.400 to ORS 180.450, all non-participating manufacturers (NPMs) that intend to sell cigarettes within the state of Oregon are required to file this certification form prior to selling any product in Oregon. Annual certifications with supporting documents are due on or before April 30 each year. To add or change information for the current sales year, a non-participating manufacturer must file this certification as a supplemental certification at least 30 days prior to any change or addition.

Escrow Compliance Certificate and Affidavit (Non-Participating Manufacturer)

Pursuant to ORS 323.800 to ORS 323.806, all non-participating manufacturers who are certified to sell cigarettes in Oregon must file quarterly and annual escrow compliance certificates and make any required deposits to their qualified escrow funds.  The same form is used; the manufacturer should mark the appropriate reporting period on the form. Completed forms and proofs of deposit should be submitted to ORTobaccoEscrow@doj.oregon.gov.

OAR 137-105-0020, any non-participating manufacturers who are requesting an escrow credit or refund due to an inadvertent overpayment of an escrow deposit must file an Escrow Credit or Refund Request Form.

Electronic Notice Form

You may register to receive electronic notification of changes in Oregon’s Directory of Compliant Tobacco Product Manufacturers and Brands. This form is intended for tobacco retailers and the general public. A new form must be completed and mailed in as directed in order to make any changes to email addresses.