101B.7 - MARKING OF CIGARETTE PACKAGING.
101B.7 MARKING OF CIGARETTE PACKAGING.
1. Cigarettes that have been certified by a manufacturer in
accordance with section 101B.5 shall be marked to indicate compliance
with the requirements of this chapter. The marking shall be in eight
point type or larger and consist of one of the following:
a. Modification of the product's universal product code to
include a visible mark printed at or around the area of the universal
product code. The mark may consist of an alphanumeric or symbolic
character or characters permanently stamped, engraved, embossed, or
printed in conjunction with the universal product code.
b. Any visible alphanumeric or symbolic character or
combination of alphanumeric or symbolic characters permanently
stamped, engraved, or embossed upon the cigarette package or
cellophane wrap.
c. Printed, stamped, engraved, or embossed text that
indicates that the cigarettes meet the standards of this chapter.
2. A manufacturer shall use only one marking, and shall apply the
marking uniformly for all packages including but not limited to
packs, cartons, and cases and to brands marketed by that
manufacturer.
3. The manufacturer shall notify the department of the marking
selected.
4. Prior to the certification of any cigarette, a manufacturer
shall present its proposed marking to the department for approval.
Upon receipt of the request, the department shall approve or
disapprove the marking offered. A marking in use and approved for
the sale of cigarettes in the state of New York shall be deemed
approved. A proposed marking shall be deemed approved if the
department fails to act within ten business days of receiving a
request for approval.
5. A manufacturer shall not modify its approved marking until the
modification has been approved by the department in accordance with
this section. Section History: Recent Form
2007 Acts, ch 166, §7
Referred to in § 101B.3, 101B.5, 101B.6, 101B.8