§ 23-20.11-6 - Package markings.
SECTION 23-20.11-6
§ 23-20.11-6 Package markings. – (a) Cigarettes that are certified by a manufacturer in accordance with §23-20.11-5 shall be marked to indicate compliance with the requirements of§ 23-20.11-4. Such marking shall be in eight (8) point font type or largerand consist of:
(1) Modification of the product UPC Code to indicate avisible mark printed at or around the area of the UPC Code. Such mark mayconsist of alphanumeric or symbolic character(s) permanently stamped, engraved,embossed or printed in conjunction with the UPC; or
(2) Any visible combination of alphanumeric or symboliccharacter(s) permanently stamped, engraved, or embossed upon the cigarettepackage or cellophane wrap; or
(3) Printed, stamped, engraved or embossed text thatindicates that the cigarettes meet the standards of this section.
(b) A manufacturer must use only one marking, and must applythis marking uniformly for all packages (including, but not limited to, packs,cartons, and cases) and brands marketed by that manufacturer.
(c) The director must be notified as to the marking that isselected.
(d) Prior to the certification of any cigarette, amanufacturer shall present its proposed marking to the director for approval.Upon receipt of the request, the director shall approve or disapprove themarking offered, except that the director shall approve any marking in use andapproved for sale in this state pursuant to the New York Fire Safety Standardsfor Cigarettes. Proposed markings shall be deemed approved if the directorfails to act with ten (10) business days of receiving a request for approval.
(e) No manufacturer shall modify its approved marking unlessthe modification has been approved by the director in accordance with thissection.
(f) Manufacturers certifying cigarettes in accordance with§ 23-20.11-5 shall provide a copy of such certifications to all wholesaledealers and agents to which they sell cigarettes, and shall also providesufficient copies of an illustration of the package marking utilized by themanufacturer pursuant to section for each retail dealer to which the wholesaledealers or agents sell cigarettes. Wholesale dealers and agents shall provide acopy of these package markings received from manufacturers to all retaildealers to which they sell cigarettes. Wholesale dealers, agents, and retaildealers shall permit the director, the department of taxation, the attorneygeneral, their employees, or other law enforcement personnel, to inspectmarkings of cigarette packaging marked in accordance with this section.