Section 339-F:8 Marking of Cigarette Packaging.
I. Cigarettes which have been certified by a manufacturer in accordance with RSA 339-F:6 shall be marked to indicate compliance with the requirements of this chapter. Such marking shall be in 8 point type or larger and consist of:
(a) Modification of the UPC to include a visible mark printed at or around the area of the UPC. Such mark may consist of alphanumeric or symbolic character permanently stamped, engraved, embossed, or printed in conjunction with the UPC;
(b) Any visible combination of alphanumeric or symbolic character permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(c) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter.
II. A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer.
III. The manufacturer shall notify the commissioner of the selected marking.
IV. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner 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. Proposed markings shall be deemed approved if the commissioner fails to act within 10 business days of receiving a request for approval.
V. No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this section.
Source. 2006, 195:1, eff. Oct. 1, 2007.