59.1-293.4 - (For contingent expiration, see Editor's note) Marking of cigarettes.
§ 59.1-293.4. (For contingent expiration, see Editor's note) Marking ofcigarettes.
A. Cigarettes that have been certified in accordance with § 59.1-293.3 shallbe marked in accordance with the requirements of this section.
B. The marking shall:
1. Be in a font of at least eight-point type; and
2. Include one of the following:
a. Modification of the product UPC code to include a visible mark that isprinted at or around the area of the UPC code and consists of one or morealphanumeric or symbolic characters permanently stamped, engraved, embossed,or printed in conjunction with the UPC code;
b. Any visible combination of alphanumeric or symbolic characters permanentlystamped, engraved, embossed, or printed on the cigarette package or thecellophane wrap; or
c. Stamped, engraved, embossed, or printed text that indicates that thecigarettes meet the standards of this chapter.
C. The manufacturer shall request approval of a proposed marking from theCommissioner.
D. The Commissioner shall approve or disapprove the marking offered, exceptthat the Commissioner shall approve:
1. The letters "FSC," which signify Fire Standards Compliant, appearing ineight-point type or larger and permanently printed, stamped, engraved, orembossed on the package at or near the UPC code; and
2. Any marking in use and approved for sale in New York pursuant to the NewYork fire safety standards for cigarettes.
E. A marking is deemed approved if the Commissioner fails to act within 10days after receiving a request for approval.
F. A manufacturer may not use a modified marking unless the modification hasbeen approved in accordance with this section.
G. A manufacturer shall use only one marking on all brands that themanufacturer markets.
H. A marking or modified marking approved by the Commissioner shall beapplied uniformly on all brands marketed and on all packages, includingpacks, cartons, and cases marketed by that manufacturer.
(2008, cc. 96, 348.)