[§132C-4]  Certification; marking.  (a) 
Each manufacturer shall submit to the state fire council written certification
attesting that each cigarette has been tested in accordance with, and has met
the performance standard required under section 132C-3.  The description of
each cigarette listed in the certification shall include:



(1)  The brand or trade name on the package;



(2)  Style, such as light or ultra light;



(3)  Length in millimeters;



(4)  Circumference in millimeters;



(5)  Flavor, such as menthol, if applicable;



(6)  Filter or nonfilter;



(7)  Package description, such as a soft pack or box;



(8)  The mark approved pursuant to subsection (b);



(9)  The name, address, and telephone number of the
laboratory, if different than the manufacturer that conducted the test; and



(10)  The date that the testing occurred.



Each cigarette certified under this subsection
shall be recertified every three years.  For each cigarette listed in a
certification, a manufacturer shall pay to the state fire council a $375 fee. 
The state fire council is authorized to annually adjust this fee to ensure it
defrays the actual costs of the processing, testing, enforcement, and oversight
activities required by this chapter.



The certifications shall be made available to
the attorney general for purposes consistent with this chapter.



(b)  Cigarettes that have been certified
pursuant to subsection (a) shall be marked pursuant to the following
requirements:



(1)  The marking shall be in a font of at least
eight-point type and shall include 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 one or more alphanumeric or
symbolic characters permanently stamped, engraved, embossed, or printed in
conjunction with the universal product code;



(B)  Any visible combination of alphanumeric or
symbolic characters permanently printed, stamped, engraved, or embossed on the
cigarette package or the cellophane wrap; and



(C)  Printed, stamped, engraved, or embossed
text that indicates that the cigarettes meet the standards of this section; and



(2)  Prior to the certification of any cigarette, a
manufacturer shall request approval of a proposed marking from the state fire
council.  Upon receipt of the request, the state fire council shall approve or
disapprove the marking offered, except that the state fire council shall
approve:



(A)  Any marking approved and in use for the
sale of cigarettes in the state of New York; or



(B)  The letters "FSC", which
signifies fire standards compliant, appearing in eight-point type or larger and
permanently printed, stamped, engraved, or embossed on the package at or near
the universal product code.



A marking shall be deemed approved if the state fire
council fails to act within ten business days of receiving a request for
approval.  A manufacturer shall not use a modified marking unless the
modification has been approved in accordance with this chapter.  A manufacturer
shall use only one marking and shall apply this marking uniformly for all
packages, including packs, cartons, and cases, and brands marketed by that
manufacturer.



(c)  The state fire council shall be notified
as to the marking that is selected.



(d)  A manufacturer shall provide a copy of
certifications to all wholesalers to which the manufacturer sells cigarettes
and shall provide sufficient copies of an illustration of the packaging marking
approved and used by the manufacturer pursuant to subsection (b) for each of
the dealers that purchases cigarettes from any of those wholesalers. 
Wholesalers shall provide a copy of the illustration to all dealers to which
they sell cigarettes.  Wholesalers and dealers shall permit the state fire
council and the attorney general to inspect markings on cigarette packaging at
any time. [L 2008, c 218, pt of §1]