[§132C-4]  Certification; marking.  (a) Each manufacturer shall submit to the state fire council written certificationattesting that each cigarette has been tested in accordance with, and has metthe performance standard required under section 132C-3.  The description ofeach 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 thelaboratory, if different than the manufacturer that conducted the test; and

(10)  The date that the testing occurred.

Each cigarette certified under this subsectionshall be recertified every three years.  For each cigarette listed in acertification, 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 itdefrays the actual costs of the processing, testing, enforcement, and oversightactivities required by this chapter.

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

(b)  Cigarettes that have been certifiedpursuant to subsection (a) shall be marked pursuant to the followingrequirements:

(1)  The marking shall be in a font of at leasteight-point type and shall include one of the following:

(A)  Modification of the product's universalproduct code to include a visible mark printed at or around the area of theuniversal product code.  The mark may consist of one or more alphanumeric orsymbolic characters permanently stamped, engraved, embossed, or printed inconjunction with the universal product code;

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

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

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

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

(B)  The letters "FSC", whichsignifies fire standards compliant, appearing in eight-point type or larger andpermanently printed, stamped, engraved, or embossed on the package at or nearthe universal product code.

A marking shall be deemed approved if the state firecouncil fails to act within ten business days of receiving a request forapproval.  A manufacturer shall not use a modified marking unless themodification has been approved in accordance with this chapter.  A manufacturershall use only one marking and shall apply this marking uniformly for allpackages, including packs, cartons, and cases, and brands marketed by thatmanufacturer.

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

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