37-1403. Certification; product change; fee

(Conditionally Rpld.)

A. Each manufacturer shall submit to the office of the state fire marshal a written certification attesting that each cigarette listed in the certification:

1. Has been tested pursuant to section 37-1402.

2. Meets the performance standards prescribed in section 37-1402.

B. The manufacturer shall describe each cigarette listed in the certification with the following information:

1. 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 or chocolate, if applicable.

6. Filter or nonfilter.

7. Package description, such as soft pack or box.

8. Marking approved pursuant to section 37-1404.

9. Name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test.

10. Date that the testing occurred.

C. A manufacturer shall recertify each cigarette certified under this section every three years.

D. A manufacturer shall make the certifications available to the attorney general for purposes consistent with this article and the department of revenue for the purposes of ensuring compliance with this section.

E. If a manufacturer has certified a cigarette pursuant to this section and after certification makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards prescribed by this article, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette pursuant to the testing standards prescribed in section 37-1402 and maintains records of that retesting as required by section 37-1402. Any altered cigarette that does not meet the performance standard prescribed in section 37-1402 may not be sold in this state.

F. The office of the state fire marshal may adopt rules requiring each manufacturer to pay to the office of the state fire marshal a fee of two hundred fifty dollars per brand family of cigarettes certified in compliance with this section. The fee applies to all cigarettes within the brand family certified and includes any new cigarette brand style within the brand family during the three-year certification period.