§ 16-604. Marking of certified cigarettes.[Subtitle subject to contingent abrogation.]

   (a) In general. -- 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) Marking requirements. -- 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) Alternative marking. -- 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) Approval of marking. --

   (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.

HISTORY: 2007, ch. 497.