The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001B
:
COMPLEMENTARY LEGISLATION TO NONPARTICIPATING TOBACCO MANUFACTURERS STATUTES
(Cite as: 33 V.S.A. § 1920)
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§ 1920. Agent for service of process
(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to
do business in the State as a foreign corporation or other business entity shall,
as a condition precedent to having its brand families included or retained in the
directory, appoint and continually engage without interruption the services of an
agent in this State to act as agent for the service of process on whom all process,
and any action or proceeding against it concerning or arising out of the enforcement
of this subchapter or subchapter 1A of this chapter, or both, may be served in any
manner authorized by law. Such service shall constitute legal and valid service of
process on the nonparticipating manufacturer. The nonparticipating manufacturer shall
provide the name, address, telephone number, and satisfactory proof of the appointment
and availability of such agent to the Attorney General. The Secretary of State shall
be designated as agent for service of process for importers of nonparticipating manufacturers
located outside the United States. Service shall be made upon the Secretary of State
in accordance with the provisions of 12 V.S.A. §§ 851 and 852.
(b) The nonparticipating manufacturer shall provide notice to the Attorney General 30
calendar days prior to termination of the authority of any such agent and shall further
provide proof to the satisfaction of the Attorney General of the appointment of a
new agent no less than five calendar days prior to the termination of an existing
agent appointment. In the event an agent terminates an agent appointment, the nonparticipating
manufacturer shall notify the Attorney General of said termination within five calendar
days and shall include proof to the satisfaction of the Attorney General of the appointment
of a new agent.
(c) Any nonparticipating manufacturer whose cigarettes are sold in this State who has
not appointed and engaged an agent as required by this section shall be deemed to
have appointed the Secretary of State as such agent and may be proceeded against in
courts of this State by service of process upon the Secretary of State; provided,
however, that the appointment of the Secretary of State as such agent shall not satisfy
the condition precedent, required by subsection (a) of this section, for having the
individual styles or brands of cigarettes or, if applicable, brand families of the
nonparticipating manufacturer included or retained in the directory. (Added 2003, No. 14, § 1; amended 2011, No. 166 (Adj. Sess.), § 5; 2021, No. 20, § 304.)