Sec. 23. (a) Packages of cigarettes that are certified by a manufacturer under section 21 of this chapter must be marked to indicate compliance with the requirements of section 12 of this chapter. The marking must be in eight (8) point type or larger and consist of:

(1) modification of the product UPC bar code to include a visible mark printed at or around the area of the UPC bar code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC bar code;

(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed upon the cigarette package or cellophane wrap; or

(3) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of this chapter.

(b) A manufacturer shall use only one (1) marking and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.

(c) The manufacturer shall notify the state fire marshal of the marking that is selected.

(d) Before certification of any cigarette, a manufacturer shall submit the manufacturer's 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:

(1) a marking in use and approved for sale in New York under the New York Fire Safety Standards for Cigarettes; or

(2) the letters "FSC," which signifies Fire Standards Compliant, appearing in eight (8) point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC bar code.

Proposed markings are considered approved if the state fire marshal fails to act within ten (10) business days after receiving a request for approval.

(e) A manufacturer may not modify its approved marking unless the modification has been approved by the state fire marshal under this section.

(f) A manufacturer certifying cigarettes under section 21 of this chapter shall:

(1) provide a copy of the certifications to all wholesale dealers and agents to which the manufacturer sells cigarettes; and

(2) provide sufficient copies of an illustration of the package marking used by the manufacturer under this section for each retail dealer to which the wholesale dealers or agents sell cigarettes.

Wholesale dealers and agents shall provide a copy of the package markings received from the manufacturers to all retail dealers to which the wholesale dealer or agent sells cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the department of state revenue, the alcohol and tobacco commission, and their employees to inspect markings on the cigarette packaging.

As added by P.L.82-2008, SEC.1.