Agent for service of process.

(1) Any nonresident manufacturer of nicotine dispensing devices which has not registered to do business in this state as a foreign corporation or business entity shall 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 chapter, may be served in any manner authorized by law. Such service constitutes legal and valid service of process on the manufacturer. The manufacturer shall provide the name, address, telephone number, and proof of the appointment and availability of such agent to the division.

(2) The manufacturer shall provide notice to the Department of Legal Affairs 30 calendar days before termination of the authority of an agent and shall further provide proof to the satisfaction of the department of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the manufacturer shall notify the department of the termination within 5 calendar days and shall include proof to the satisfaction of the department of the appointment of a new agent.

(3) Any manufacturer whose nicotine dispensing devices are sold in this state which has not appointed and engaged the services of an agent as required by this section shall be deemed to have appointed the Secretary of State as its agent for service of process.