68-102-505 - Marking of certified cigarettes. [Effective January 1, 2010.]
68-102-505. Marking of certified cigarettes. [Effective January 1, 2010.]
(a) Cigarettes that are certified by a manufacturer in accordance with § 68-102-504 shall be marked to indicate compliance with the requirements of § 68-102-503. The marking shall be in eight-point type or larger and consist of:
(1) Modification of the product universal product code (UPC) to include a visible mark printed at or around the area of the UPC. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed or printed in conjunction with the UPC;
(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the cigarette package or cellophane wrap; or
(3) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this part.
(b) A manufacturer shall use only one (1) 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.
(c) The state fire marshal shall be notified as to the marking that is selected.
(d) (1) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve:
(A) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes; or
(B) The letters FSC, which signifies fire standards compliant, appearing in eight-point type or larger, if permanently printed, stamped, engraved or embossed on the package at or near the UPC code.
(2) Proposed markings shall be deemed approved if the state fire marshal fails to act within ten (10) business days of receiving a request for approval.
(e) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
(f) Manufacturers certifying cigarettes in accordance with § 68-102-504 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the state fire marshal, the commissioner of revenue, the attorney general and reporter and their employees to inspect markings of cigarette packaging marked in accordance with this section.
[Acts 2008, ch. 920, § 6.]