Section 5702.305 - [See Note] Agent for service of process(a) Appointment of agent.--A nonresident or foreign nonparticipating manufacturer shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage the services of an agent located in this Commonwealth to act as agent for the service of process for any action or proceeding against it relating to the enforcement of this act and the Tobacco Settlement Agreement Act. Service by certified mail on the agent shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, telephone number, proof of the appointment and availability of the agent to the Attorney General in a manner prescribed by the Attorney General.(b) Notice.--A nonparticipating manufacturer shall provide notice to the Attorney General 30 calendar days prior to termination of the agent appointed under subsection (a). A nonparticipating manufacturer shall provide proof, as required by the Attorney General, of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent. In the event an agent terminates the appointment, the nonparticipating manufacturer shall notify the Attorney General of the termination within five calendar days and include proof, as required by the Attorney General, of the appointment of a new agent.(c) Secretary of Commonwealth.--A nonparticipating manufacturer whose products are sold in this Commonwealth without the appointment of an agent under this section shall be deemed to have appointed the Secretary of the Commonwealth as its agent and may be proceeded against in the courts of this Commonwealth by service of process upon the Secretary of the Commonwealth. The appointment of the Secretary of the Commonwealth under this subsection shall not serve as a condition precedent for including or retaining the brand families of the nonparticipating manufacturer in the directory.2003, Dec. 30, P.L. 441, No. 64, § 305, imd. effective.This section is set out more than once due to postponed, multiple, or conflicting amendments.