** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

(a)    Cigarettes that have been certified in accordance with § 16–603 of this subtitle shall be marked in accordance with the requirements of this section.

(b)    The marking shall:

(1)    consist of:

(i)    any marking in use and approved for sale in New York under the New York fire safety standards for cigarettes; or

(ii)    the letters “FSC” to signify Fire Standards Compliant;

(2)    be in a font of at least 8 point type; and

(3)    be permanently printed, stamped, engraved, or embossed on the package at or near the area of the UPC code, if present.

(c)    A manufacturer may propose an alternative marking that:

(1)    meets the criteria under subsection (b)(2) and (3) of this section; and

(2)    consists of a visible combination of alphanumeric or symbolic characters or text permanently stamped, engraved, embossed, or printed:

(i)    in conjunction with the UPC code; or

(ii)    on the cigarette pack or cellophane wrap.

(d)    (1)    A manufacturer shall request approval of a proposed marking from the Comptroller.

(2)    (i)    The Comptroller shall approve a marking specified in subsection (b)(1) of this section.

(ii)    A marking is deemed approved if the Comptroller fails to act within 10 business days after receiving a request for approval.

(3)    A manufacturer may not use a modified marking unless the modification has been approved in accordance with this section.

(4)    A manufacturer shall use only one marking on all brands that the manufacturer markets.

(5)    A marking or modified marking approved by the Comptroller shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.